When someone purchases bodily injury liability insurance, generally, the insurance policy states that the insurance company will indemnify, to pay for, any judgment entered against their insured. Thus, when someone injures you in an accident, their insurance company is responsible to pay for any judgment entered in a court of law when you sue them for injuries in an accident and up to the policy limits. A release agreement is a legal document that basically states that the case is over and that you cannot sue the person released in the agreement. Thus, when an insurance company settles a case, a condition of it is for you to sign a release and that release bars you from suing them. Generally, the release is in exchange for money. By signing the release, the insurance company satisfies its part of the contract of protecting their insured and indemnifying their policyholder of the bodily injury caused. It is the proverbial “nipping it in the bud” scenario, as the case never gets to judgment.
Thus, it is important to understand that when you resolve a case by accepting money from the insurance company for your injuries and part of that is signing a release that you are completely resolving the case. Thus, generally, you cannot sue the person who you released. Therefore, the answer to the question is generally no. You generally cannot sue the other person AGAIN if you have signed a release, even if you have additional pain.
Clearly, every case should be judged on its merits and you should consult an attorney as to your rights and the remedies afforded by Florida law. It is recommended to get a consultation regarding an accident case in case this happens to you. The advice contained in this blog is intended to be general advice and not as to a specific situation, so please call a licensed Florida attorney.
