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Suing After Discovering Hidden Injuries Following an Accident

Victims of car accidents are often surprised to discover significant injuries well after the accident. In the rush to treat immediately obvious problems like cuts or broken bones, less obvious wounds can go undetected. Being injured isn’t normal, so people who are hurt often don’t realize that the symptoms they are experiencing are caused by something they don’t expect. Doctors may not have the right tools to discover “hidden” injuries, or they may not detect signs that ordinarily would justify further testing. A personal injury lawsuit following an accident aims to get the injured plaintiff compensation for the damages resulting from his or her injuries. Damages can include medical costs, lost wages, and the cash value of personal consequences like pain. Ideally the plaintiff’s initial lawsuit claims the full scope of damages associated with the accident. But what if the lawsuit is already pending, or has already settled, when the plaintiff discovers a new injury? While the litigation is ongoing a plaintiff may amend his or her complaint to add new claims that are relevant to the case. Adding claims may delay resolution of the case, as evidence related to the new injury gets exchanged. But at this point the door is still open to recover full compensation from the person who is at fault. If the litigation has already ended, getting compensation for the newly discovered injuries can be more difficult. Most personal injury cases settle. As part of a settlement agreement plaintiffs typically are asked to sign releases that prevent them from pursuing further litigation for claims arising out of the accident. Under normal circumstances, such waivers prevent the plaintiff from “reopening” a case against the original defendant or his or her insurance company. Even if a release was signed as part of a settlement the plaintiff may have options. In rare cases the plaintiff might get a court to throw out the settlement, if the defendant committed fraud or didn’t negotiate in good faith. The plaintiff may also have the option of suing other defendants. A doctor who failed to diagnose a significant injury may be liable for professional negligence. Perhaps the injury was caused by a defective product. Or perhaps the original lawsuit left out potentially liable parties that could be sued. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. Reach out to us today for a free attorney consultation about your case. We can be reached at 702-388-4476 or through our site.