Can a Lawsuit Be Reopened After a Settlement?
In most situations, once a settlement is finalized and both parties have signed the agreement, the case cannot be reopened. These agreements usually include a release of liability, meaning you agree not to file any more claims related to the same incident. However, there are limited exceptions, such as cases involving fraud, coercion, or mutual mistake, that might allow the case to be revisited.
Since a lawsuit can not be reopened after a settlement, you should consult a Lafayette personal injury lawyer before agreeing to any offer. An experienced personal injury attorney can negotiate with insurers and liable parties to seek fair compensation that accurately reflects your financial losses.
Why a Lawsuit Cannot Be Reopened After Settlement
When you settle a personal injury claim or lawsuit, the insurance company makes you sign a settlement agreement. That agreement contains a lot of information, but it always has provisions in which you waive or give up your right to any further legal proceedings.
Therefore, when you sign a settlement agreement, you agree that the insurance company, the other driver, or any other potentially at-fault parties are no longer liable for the costs of your injuries.
What if You Incur Future Damages?
This provision means that if you suffer further medical complications from your injuries, discover another related injury, or need additional therapy or medical attention, you cannot seek further financial recovery.
Likewise, if you failed to submit a medical bill for care related to your injuries with your claim or lawsuit, you are responsible for paying that bill yourself. A settlement agreement is a contract between you and the other parties to your accident that a court can enforce.
As such, most courts will enforce the settlement agreement and prevent you from taking further legal action, even if you have further injuries or losses related to the accident.
Be Careful of Insurance Companies Who Want to Settle Your Claim Quickly
Insurance companies know that you cannot reopen a lawsuit after a settlement. As a result, the insurer for the at-fault driver or other party is likely to contact you very quickly when you are injured in an accident.
An insurance adjuster may contact you before you have recovered from your injuries or had all the medical treatment that you need. Even if you are worried about medical bills and missing work because of your injuries, you do not want to accept an unfair offer from the insurance company just to settle your case.
The personal injury settlement offered could be far below the amount of compensation that you might otherwise receive through settlement negotiations or a personal injury lawsuit. Remember, you cannot seek additional compensation once you sign a release of liability contract and receive settlement money.
When to Settle Your Personal Injury Lawsuit
It’s important to reach maximum medical improvement before you even consider accepting a settlement. Maximum medical improvement (MMI) means that your injuries have improved as much as possible with medical treatment.
In some cases, MMI may still leave you with a permanent disability or impairment, such as chronic pain or cognitive impairment, that further medical treatment will not heal. If your MMI means that you still have a permanent impairment, you can seek fair compensation for future expenses related to that impairment, including:
- Ongoing medical treatment
- Home health care needs
- Medical equipment
If you settle your case before you reach MMI, you risk not getting compensation for all your losses related to your injuries, either now or in the future.
Get Legal Advice Since You Cannot Reopen a Lawsuit After a Settlement
Signing a settlement agreement before ever speaking to a lawyer about your case will not benefit you. The size of a settlement can depend on various factors, including the strength of the evidence against other parties and the amount of damages you experienced, including expenses for medical care.
You cannot truly evaluate settlement terms until you have all the necessary information. Working with an experienced attorney can help.
A personal injury attorney can help gather all the evidence you need to prove your claim and document your medical expenses. Once they have collected all that information, you will have a better sense of what would be a fair settlement in your case.
Contact Us for Help With Your Personal Injury Lawsuit
Many personal injury victims do not realize that you cannot reopen a lawsuit after a settlement. As a result, they take the first settlement that the insurance company offers them well before reaching maximum medical improvement.
However, if they need future medical treatment or their injuries do not improve as expected, they will not be able to receive any further compensation. Contact our team at Laborde Earles Injury Lawyers for a free consultation about your case.
Do not risk losing out on maximum compensation for your losses and holding a negligent party responsible. Call us today to learn more about what needs to happen in your case before you sign a settlement agreement. The initial consultation with our law firm is free.
