How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30162
Experience:  Lawyer
26798026
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I'm getting a settlement from an car accident where I was

Customer Question

I'm getting a settlement from an car accident where I was injured. The amount is only 15,000, however, I'm still needing surgery on my back and the cost is in excessive of $100,000. My attorney seems to be satisfied, yet I am frustrated with the settlement. Am I able to sue in small claims court the carrier? Or do I file a complaint with the commissioners office on my behalf for the additional expenses?
JA: What state is this in? And how old is the car?
Customer: NV, 2016
JA: Has anything been filed or reported?
Customer: there was a report filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: what additional information would you like?
Submitted: 4 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you sign the settlement, you are agreeing that $15,000 is all the money you want for the accident and waiving your right to request more. That would mean you're giving up your right to sue in Small Claims Court or to file with the Commissioner's Office. Also note that $100,000 is well over the Small Claims Court limit.

One option is to go back to your lawyer and let them know you're refusing to accept that settlement because of the additional surgery required. Another option is to ask him to add a clause to your settlement agreement allowing you to seek additional damages related to the surgery later. Or you could choose not to settle until after you've received the settlement, if you have time before the statute of limitations expires.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 4 months ago.

Do you have any questions about this?