Did you know that even after you’ve settled a personal injury claim, you may still have the right to file a lawsuit for damages? Consider when you can and cannot sue after settling a claim.
During a typical personal injury settlement process, you sign an agreement that states you will no longer hold the at-fault party or its insurance company liable for injuries sustained as a result of the accident. This release of liability is done in exchange for money to cover your damages, as a personal injury lawyer like one from Ward & Ward Law Firm can explain. These contracts are legally binding, which means that once you sign them, you cannot file a lawsuit, though there are exceptions to this.
If you can prove that the defendant coerced you or acted fraudulently during the settlement process, you may be able to file a suit against them.
Sometimes you will learn new information about your case after you’ve already settled. For example, you may find out that your vehicle malfunctioned during the accident or that it didn’t protect you like it was designed to do so. If you’ve settled with the at-fault driver and received damages, you still may be able to bring a suit against the vehicle manufacturer for its part in your accident.
Insurance companies must negotiate in good faith on behalf of their clients, so if you believe that your insurance claim agent was negligent in providing a proper settlement, you may have a right to sue your insurer to collect damages.
Because you likely will be unable to sue after you’ve settled your accident claim, make sure to do the following before accepting a settlement offer:
If you’ve been in an accident, talk to a personal injury lawyer as soon as possible to better ensure you don’t miss an essential step during the settlement process. If you find that it is in your best interest to file a lawsuit, you’ll be ready to work with someone who can guide you through it.