Accepting a settlement typically means signing a release that permanently closes your claim, even if your injuries worsen later. This is one of the biggest risks of settling before you fully understand the extent of your damages. Reopening a settled case is possible in limited circumstances, but it is difficult and rarely successful without experienced legal representation.
If your condition has changed after settling, contact Adam Smallow Injury Lawyers to discuss your options.
Can a Claimant Reopen a Settled Injury Claim?
Discovering new symptoms or needing additional surgery after you have settled a claim does not typically alter the contract. This means that whatever was stated in the contract as the agreed-upon compensation is the total amount you are entitled to, no more and no less.
Because of the stringency of these contracts, claimants must understand the concept of Maximum Medical Improvement. MMI is the point at which an injured person’s medical condition has stabilized and is not expected to improve significantly, even with further treatment. Your doctor will make this call.
By rushing into a settlement offer, you may end up closing your claim before your injuries reach MMI. This leads to the risk of additional medical expenses and other damages that will not be accounted for or covered in the settlement.
Are There Ever Exceptions in a Settled Claim?
Once you sign a release of liability, settled injury claims are permanently closed. However, you can sometimes reopen a settlement under a few rare legal exceptions. These include:
- Fraud or intentional misrepresentation: The opposing party or insurer intentionally hid crucial evidence, lied about policy limits, or concealed material facts.
- Coercion or duress: You were forced, threatened, or illegally pressured to sign the settlement against your will.
- Mutual mistake of fact: Both parties operated under a fundamental, shared misunderstanding of a material fact when signing the agreement.
- Workers’ compensation: Certain states allow you to reopen a workers’ comp case if your condition worsens significantly, depending on local statutes and the exact language of your agreement.
Understanding Release of Liability
In addition to the settlement contract itself, insurers will also supply a release of liability. This form signs away your right to pursue future claims for the same accident. By signing a release of liability, you are effectively barring yourself from ever reopening the case, regardless of whether your injuries worsen later on. You can usually only invalidate a signed release in court if you can prove there was severe coercion, fraud, or a mutual mistake.
How To Protect Yourself Before Accepting a Settlement
Being in an accident is often a traumatizing and emotional experience. Whether you have been injured in a car crash or a slip and fall, you are likely dealing with significant stress, and insurers are well aware of it. They will pressure you to accept the initial settlement and close the case as soon as possible. While it is understandable that you want to move past this incident and focus on recovery, these initial offers are rarely fair. They will not reflect the total extent of your damages.
It is best to speak with a compassionate attorney about your case who can begin taking the effective steps needed to calculate your damages. They can negotiate with insurers on your behalf and push back against lowball offers for your car accident settlement. Your lawyer can also offer advice about when to settle and how to ensure you have met Maximum Medical Improvement. More than anything, they are there to take on the bulk of your case so that you can focus on healing.
Get the Justice and Support You Deserve With Your Claim
A settlement should never be accepted until you have a clear understanding of the full extent of your injuries and future medical needs. Once you sign a settlement agreement, it is extremely difficult to seek additional compensation if your condition worsens later.
If you have questions about a settlement offer or are concerned about the long-term impact of your injuries, the experienced attorneys at Adam Smallow Injury Lawyers can review your case, explain your options, and fight for the compensation you deserve. Contact our law office today at (410) 449-7900 for a free consultation.
