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        I Settled Too Soon!

        150 150 Clifford Horwitz

        Question:

        I was walking on the sidewalk and was struck by a vehicle that lost control. My first instinct was to jump when I heard the tires screeching, and by doing this, the vehicle struck my left leg (particularly my ankle) and lifted me up so high that I flew through a nearby barber shop window.

        I was rushed to the hospital and barely lived due to major loss of blood.

        An 18yr old male was the driver of the auto, and he was under his father’s insurance policy.  After suing and only getting $25K ($16,500 after my Lawyer received his share) in exchange for 65 days of my life spent in a hospital bed, now more than ever, after I closed the case, and collected the settlement, my ankle has been bothering me now more than ever.  I would not have closed the case if I would have understood the severity of my injury, but with poor guidance, I did.

        Now, I am trying to find out if there is any possible way I can reopen the case, or even go after the insurance company this time.  Any information would be appreciated.  Thank you very much whomever you may be for taking your time to become a party of my life, just by reading this you have.

        Answer:

        Once a case is settled and closed, that ends the case.  I don’t see any basis for reopening the case as there does not appear to be fraud or the other requisites to open a case.  You can call the American Trial Lawyers Association for a referral to other local trial lawyers.  You can also check your underinsured motorist coverage for extra coverage.

        In addition, if the defendant had additional insurance coverage, you might consult with another lawyer to evaluate if your first attorney committed a malpractice.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

        All stories by: Clifford Horwitz

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