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I had a lawyer and resolved my case (car accident, slip and fall, etc.) by settlement but now I need surgery; do I have a case to get additional monies now that I need surgery?

This week the accident lawyer in Boca Raton (injury attorney Pembroke Pines, accident lawyer Miramar, injury lawyer Weston, accident attorney Plantation, accident attorney Tamarac, injury attorney Cooper City is going to discuss a common topic of what can happen after a case resolves and more treatment is needed.

The concept of a settlement is that all issues between the parties are resolved. From the perspective of the defendant (at fault person), they want to be sure that after the monies are paid that nothing further can happen legally. This is generally accomplished though settlement papers but specifically a release. A release is an agreement between parties that for a sum of money that the case is over and that, even if new facts develop like additional injuries, etc., a lawsuit cannot be had by the plaintiff (injured person) after the signing of the release and acceptance of the monies. Thus, as the fact pattern above suggests, if the injured person signs a release and accepts a sum of money, then generally you cannot seek more monies. If the injured person were to sue the at fault person, then it would be expected for the at fault person to move to dismiss the case based on accord and satisfaction, in other words based on the release agreement. There are some exceptions, like if the release agreement were obtained through fraud or something to that effect but generally speaking once the release is signed, the case is over.

If you have been in a slip and fall accident, car accident or any other accident where you believe you were injured due to another’s negligence, please call Drucker Law Offices for a free consultation at (561) 483-9199 for Palm Beach County (main office Boca Raton); (954) 755-2120 in Broward County (satellite office Coral Springs); or (305) 981-1561 in Miami-Dade County (Satellite office Miami).

It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this is a law blog and the advise here is not medical in nature. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or even another country could vary from Florida.

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