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Refiling claim after settling

by Jennifer
(Rutherfordton North Carolina)

I was in a horrible car accident that had taken place on June, 02 2006. We were riding in a Black Ranger,double cab truck. It was the driver, the passenger I was sitting behind the driver seat that is made sideways facing the back passenger side where my sister was sitting.

The driver was under the influence of alcohol, speeding and reckless driving. We were coming around a right sharp uphill curve on Old Stonecutter Road in Spindale N.C. He was speeding and skidded into the other lane hitting a Ford Explorer head on.

The truck flipped six times the distance from impact was seventy six feet before finally coming to a stop on the passenger side of the vehicle. I had to ride in the ambulance, to Rutherford County hospital, where I was diagnosed with a broken right wrist, whiplash, hurting in my neck and mid back where they said my vertebras were cracked, also a hematoma on my head and also my right knee.

I went to Dr.Bond to get a cast placed on my right wrist were it was broken in four places. I went to Forest City, Chiropractic, where Dr.Cardhright didn't take any xrays and started working on my back and applying pressure to my back. So I do believe that the pressure made the pain worse, I had to go to Rftd. Hospital several times, For back pain, migraines, my right wrist hurting and aching.

My neck hurts so bad to my back and neck pain is unbearable! I have to lie with my head turned right, because it hurt turning it all the way to the left, I still have those pains even up until today. I started going to Breakthrough chiropractic where Dr.Rash had taken x-rays and made my back feel a little better. My sister had settled her claim of 3,000 dollars I believe it was in June of 2007. We had the same attorney .

He called me and said that since my sister settled that he needed to go ahead and settle my case. He said either you can settle now with 21,307.58 or not settle at all and have the doctor bills paid for the rest of your life. I didn't know by what he said that I didn't have to settle then I could have waited until years later,he didn't tell me or explain to me that.

I just wanted to ask since, I'm still having neck and back pain and problems that are unbearable could I still refile a claim even if I have received that settlement?


Hello Jennifer,

I am sorry to hear about your accident. You need to talk to your lawyer. Your lawyer must explain all of this to you. It’s their duty to do that. If you don’t understand, you must – you must make them explain.

Once you settle, it’s over. There is no going back or refilling the same claim. There are few very special exceptions to this rule, usually only applies when people do not have a lawyer, but you do. So, talk to your lawyer.

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