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Answered in 16 hours by:
2/25/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
Your pain and suffering payment would have been based on the accident, not the number of times you receive surgeries or for as long as you continue to have pain which is why it is important to be sure you're represented by a lawyer when negotiating settlements with insurance companies.
So your one accident payout for pain/suffering would have been it. As your insurer they would continue to cover some of the medical expenses but you're be out.
If you signed a release you've signed away your rights to sue. Furthermore, if you didn't exert your right to sue within the Statute of Limitations period (typically 2 years) you would not have a right now. What you need to do is meet with a local personal injury lawyer and have them look into the following:(1) the nature of payments received and (2) the Statute of Limitations applicable in your particular case (particularly look if any of the actions of the other side could have extended it in any way).
Based on what you've indicated, though, I'm not hopeful that you can reopen the case. However, it is definitely worth having someone local look at the paperwork and see if there's still something that can come of it.
Regards.
Your pain and suffering payment would have been based on the accident, not the number of times you receive surgeries or for as long as you continue to have pain which is why it is important to be sure you're represented by a lawyer when negotiating settlements with insurance companies.
So your one accident payout for pain/suffering would have been it. As your insurer they would continue to cover some of the medical expenses but you're be out.
If you signed a release you've signed away your rights to sue. Furthermore, if you didn't exert your right to sue within the Statute of Limitations period (typically 2 years) you would not have a right now. What you need to do is meet with a local personal injury lawyer and have them look into the following:(1) the nature of payments received and (2) the Statute of Limitations applicable in your particular case (particularly look if any of the actions of the other side could have extended it in any way).
Based on what you've indicated, though, I'm not hopeful that you can reopen the case. However, it is definitely worth having someone local look at the paperwork and see if there's still something that can come of it.
Regards.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
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