Can I sue the at fault party in civil court if I also have a personal injury case?
You say there is a settlement. That means you must have signed a settlement agreement. Most settlement agreements contain a clause relieving the other party of all future liability for the incident, meaning that unless you go to court to get the settlement revoked, you cannot sue them. I would say that the chances of getting a settlement revoked by the court are very slim. On the other hand, you may have an action against your former attorney. You say that the former attorney did not inform you of your right to take the case to civil court. One of the ethical duties of attorneys is to inform clients of all options. The attorney can recommend for or against a particular course of action but in the end, the client is the one who makes the decision. If you feel that you were not adequately informed of your rights by your attorney, you can actually sue him or her for the amount of money you think you would have received in a civil case. The first step would normally be to file a complaint
