Is a Second Settlement Possible?

by Ben
(Texas)

My mom was hit by a car while she was crossing the street in July of 2008. She suffered a broken hip and a broken leg and still cannot walk right. She has been unable to return to work since.

She hired a lawyer and settled for $5K which she only got $3K of. This sounds extremely low to me. Does she have any recourse left?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Is a Second Settlement Possible?":

When your mother accepted her settlement through her attorney, she more than likely signed a "Release" stating, in sum, that she would not seek any further recourse against the insurance company or the individual involved in the collision.

As a result of this very situation, otherwise referred to as buyer's remorse, insurance companies and the insured parties need to be comfortable that a settlement is final and that unhappy injured plaintiffs will not seek a second settlement. As a result, parties must be certain that the settlement agreed to is one with which they will ultimately be happy.

Now, your mother may have an under-insured provision of her own insurance policy through which she may seek additional compensation.

Here's what she should do:

Take a look at the release she signed and see exactly what and more importantly, whom she released. Some of them include blanket language that releases the whole world essentially.

Next, she should check with her own insurance to determine whether she has these cushion provisions that allow her to seek compensation from her own company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION