You finally settled your personal injury claim, signed the paperwork, and received your settlement. But what happens if you later realize your injuries are worse than you thought? Can you go back and reopen the claim?
Unfortunately, in most cases, the answer is no.
Once a personal injury claim has been settled and you’ve signed a release, the case is generally considered finished. That’s one of the reasons it’s so important to understand what you’re agreeing to before accepting an insurance company’s settlement offer.
What Happens When You Settle an Injury Claim?
When you agree to a settlement, the insurance company will typically ask you to sign a release. In simple terms, that document usually says that you’re accepting a certain amount of money in exchange for giving up your right to pursue additional compensation for the accident.
Once the release is signed and the settlement is finalized, you generally can’t go back to the insurance company a few months later and ask for more money.
Even if your medical bills end up being higher than expected, you need additional treatment, or your injuries take longer to heal, the settlement usually remains final.
What If My Injuries Get Worse After I Settle?
This is where settling too quickly can become a problem.
Imagine you’re injured in a car accident and initially think you have a relatively minor back injury. The insurance company offers you a settlement, and you accept it because it seems reasonable at the time.
A few months later, your pain gets worse. Your doctor orders additional testing and discovers that you need significantly more treatment than you originally expected.
If you already signed a release, you may not be able to ask the insurance company for additional compensation to cover those expenses.
That’s why it can be risky to settle a personal injury claim before you have a good understanding of your injuries, treatment needs, and potential future medical expenses.
Are There Any Exceptions?
There can be limited situations where a settlement may be challenged. For example, questions may arise if there was fraud, misrepresentation, a significant mistake involving the agreement, or another legal issue affecting whether the settlement or release is enforceable.
However, these situations can be complicated and depend heavily on the specific facts of the case.
Simply realizing afterward that you wish you had accepted more money usually isn’t enough to reopen a settled claim.
What Should You Do Before Accepting a Settlement?
Before you sign anything, make sure you understand exactly what the settlement covers and what rights you may be giving up.
You should also consider whether your medical treatment is complete, whether you may need future treatment, how much you’ve lost in wages, and whether the accident could affect you financially in the future.
Remember, the insurance company may want to close the claim as quickly as possible. You want to make sure the settlement makes sense for you before agreeing to make it final.
Talk to a New Orleans Personal Injury Lawyer Before You Settle
If you’ve been injured in an accident in Louisiana, you don’t have to figure out the settlement process on your own.
At Cueria Law Injury Lawyers, we can review your situation, explain your options, and help you understand what accepting a settlement could mean for your claim.
And if you’ve already settled your claim but believe something went wrong during the settlement process, it may still be worth speaking with an attorney to determine whether you have any options.
Have questions about your personal injury claim? Call Cueria Law Injury Lawyers at (504) 525-5211 for a free consultation.
