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Can I claim compensation for new injuries that surfaced as a result of old injuries which I already received compensation for?
Three
years ago, I was injured in an auto accident and won a lawsuit for damages
incurred in my injury. Three years afterward, additional injuries surfaced as a
result of my primarily injuries in which I was already compensated for. Is
there any way to file another lawsuit and claim compensation for the new
injuries that my doctor claims are a direct result of my original injuries?
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Answers (1)
Typically, the precise amount of a personal injury damage award is determined by a jury on a case-by-case basis or through a settlement outside of court. If your case was decided in court, a court may review your award and increase or decrease the final amount without a new trial or appeal. The court makes this decision based on their determination on if the award given was excessive or deficient.
If your case was won through a settlement, you may look at the settlement agreement to see if there is any provisions that prohibit future lawsuits. In many cases, the opposing counsel will write a clause that prevents lawsuits from future injuries that result from previous injuries. Moving forward, you may consult with a Personal Injury Attorney that specializes in Automobile Accidents to discuss your case.
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Posted by Jason Tong on 21 Jan 2010
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