In 2002 I was in a car accident. Immediately after the impact the person that hit me jumped out of their car while it was still running and the car hit me again. Six months after the accident I started having seizures. I already had a lawyer working on my case but not for the seizures that had just started. The case was settled after about 4 years.
The problem was/is, the seizures I’d been having were never considered as part of the settlement. I was told by my lawyer it was my fault the seizures were not considered.
I don’t think it was my fault and anyway the lawyer should have explained it to me, right? Is this lawyer malpractice? Can I still get a settlement for the seizures I’ve been having and may continue to have for the rest of my life? Thank you.
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.
When you initially consulted with your attorney you must have explained to her what type of injuries you suffered. If you weren’t fully aware of your injuries at the time you consulted with your attorney, you should have learned about them after consulting with your doctors.
The attorney can only know what injuries you sustained if you tell her and when she reviews the doctors diagnoses and prognoses of your injuries.
Your attorney is an attorney and not a medical doctor. She isn’t clairvoyant. If you had seizures you would have had to communicate those seizures to your attorney before she settled your case. Your mentioning of the seizures by themselves would not have been enough. You would also have to have medical evidence, even a reference to the possibility of seizures by one of your doctors.
From the facts you present your attorney hasn’t committed malpractice. You settled your case 4 years ago. Not only has the Statute of Limitations passed, but when you settled your case you signed a release. Your release finalized not only your case, but your legal ability to file a lawsuit either against your attorney or the person who hit you.
Learn more here: Car Accident Head Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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