Settlements are like the dead-ends for personal injury claims. In my experience, once the insurance company has reached an agreement and you’ve accepted the amount they want to pay for your claim, the claim is over. The amount of money that has been finalized cannot be changed even if you later discover that your actual losses (mostly because of delayed injuries and mental sufferings) are far more than what you received.
I know that there are exceptions, and there are some examples where some people were able to revoke their claims after the settlement has been reached. So if you ever face this situation, I am here for you. You can contact me and my Brampton Personal Injury Lawyers, who can review the amount you’ve been offered and calculate if it’s right for you.
Why Can’t You File A Lawsuit After A Settlement has Been Achieved?
Now I would try to explain to you why you can’t file a lawsuit after reaching a settlement. Once you have reached a settlement, it means that the case is over, and there’s no coming back. The court will always require strong evidence to reopen your claim.
You should keep this in mind that when accepting the settlement, the insurance company will ask you to sign on a paper that states that you’re freeing the insurance company from any further liabilities. When you sign the paper, your right to further financial claims is over. The only way to not do that is to not sign the paper, but then the insurance company will not pay you. So I can understand your frustration here. This is a catch 22 situation. If you don’t sign it in the hope of filing a future lawsuit, you don’t get any settlement.
The same catch 22 situation is with the at-fault drivers too. The release paper confirms that you’re promising that you are satisfied with the compensation amount you’ve been given, and you’re releasing them from all liabilities in the future. The languages and words in the documents may vary, but the bottom line is that you’re accepting the settlement money as per what you claimed, and you’re happy with it.
Exceptional Conditions under Which You Can Still File the Lawsuit
But don’t worry. I am here to get you out of this catch 22 situation. I would explain to you the exceptions to this law. Every law has some exceptions, and so is the case with the law of personal injury. Following are some of the situations when you have the right to file the lawsuit even after the settlement:
- Fraudulent Activity: If you believe that the settlement offer was a fraud and you were deliberately tricked into signing an unfair settlement, then you can file the claim again. However, it is vital for you to first prove the fraudulent activity before expecting the court to take you seriously. Remember that if your claim of fraud comes out to be baseless, then it may backfire on you. While the court may punish you for wasting time, the insurance company and the opposition can also file cases against you.
But, If you really believe you’ve fallen prey of fraud at any point, then you must talk to my experienced personal injury lawyers.
- Involvement of Multiple Parties: Read the settlement paper carefully. If it states that you’re releasing “all the defendants” from further liabilities, don’t sign on it and tell them to change it so that it means you are releasing “the current defendant or one defendant” from further liabilities. Actually, many times people come to discover that a third party was also responsible for the accident. For example, if two motorists were responsible for an accident, it was discovered that there was a faulty product present on the road that led to the accident. You can sue the manufacturer of that product if you haven’t released “all the defendants.”
Important Things You Should Do Before Accepting Any Offer
- Seek complete Medical Checkup: Call an ambulance and get a full body checkup right after the accident. This will tell you where you’re injured and how much will be the cost of treatment. Also, keep in mind that you may face delayed injuries, and you may have to take therapies in the future, which is why you must talk to a medical expert and estimate all your future medical expenses.
- Analyze Long Term Effects: Serious injuries may deprive you from doing your old job or from any type of job. Many times, the victims are unable to do any job for the rest of their lives. Moreover, other emotional, physiological, and lifestyle losses can last for a lifetime. Consult a psychologist and expert economists to figure out the best monetary value for all your losses.
- Hire our Personal Injury Lawyer: This is indeed the most important part of filing a compensation claim. You should hire me as an experienced lawyer like me is as a complete package of everything you need to get justice. I am an expert in handling all the works from collecting evidence to calculating losses to confronting the at-fault drivers and insurance companies.
You can also negotiate with the insurance company on your own, but they’ll always have smart attorneys who are experienced in lowering your claim. I know all of their tactics and how to counteract them. If the insurance company has offered you a very low amount of money and is desperate for you to accept it so that they can get away without having to pay a lot, then contact my Brampton Personal Injury Lawyers and me. We would try our best to get you the maximum compensation. If you fear that your insurance company and their attorneys are trapping you for lower compensation, then you can also get a free second opinion from me. Just contact Priashna Singh and my Brampton Personal Injury Lawyers.