Visitor Question

Is a Second Settlement Possible?

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ben,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 30, 2010

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