When I was born, I had a transesophageal fistula, in which I had surgery to repair it just after I was born. The nurse/doctor never turned me over onto my other side after the surgery was done and I lost circulation in my earlobe, so they had to cut away half of my ear. My parents decided to sue and there was a settlement for 15,000 annually for 4 years when I turn 18 (next month). I don't think this settlement was fair considering the psychological issues in having had to deal with a deformed ear and it still is very troubling in my daily life. Is it at all possible to sue again or get more money? Thanks for your time.
laughter_every_day
No. a settlement involves a waiver of all claims, present and future, in return for specific amount of money.
G. Winthrop Cadbury
You should consider yourself lucky you're getting $ 60,000.
Now, make sure you don't blow it on some bullshyt ... good luck.
Amanda D
No. You will not be able to sue again or get more money, the case has already been settled. The only recourse to consider would be an appeal, in which a higher court would look over the facts of the case. But they would have to find there was some procedural error, and it doesn't sound like there was. Settlements aren't always fair, especially if you are the victim. You could talk to a lawyer to see what they say, but unfortunately I don't think you have a case.
Pride comes before default
Talk to a lawyer. Some states have special exceptions that do not allow parents to sign away their kids' causes of action, especially if you did not receive the money yet.
Personal injury lawyers typically offer free consultations and work on contingency. Good rule of thumb is to talk to three, and if none are willing to take your case, I would say move on. Couldn't hurt to ask, right?
Orignal From: Can I reopen a settlement case/sue again for medical malpractice because it did not take into account...?
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