If you are hurt in an accident due to someone else’s negligence, you probably are going to suffer some financial damages. For that reason, you may be considering a personal injury lawsuit. Many personal injury lawsuits will settle with an insurance company or the individual and can avoid going to court. This is generally an acceptable outcome. However, you may have to negotiate with an insurance company before you reach a reasonable settlement. Once you accept a settlement, you may discover you need additional compensation. This can happen if your condition worsens, you need additional therapy or treatments, or for any other reason. The question then becomes if you can still file a lawsuit for additional damages. Here is what you need to know:
Can You Sue After You Settle?
Once you reach a settlement, you will have to sign an agreement. Part of the documents you sign state that you agree not to sue after the settlement for the same accident and injuries. The courts will likely always side with an insurance company in this scenario.
Are There Any Exceptions?
There are some very specific instances in which you may still be able to sue for additional damages. First, if you did not receive a mutual release agreement as part of your settlement, you may be able to sue. This is the part of the settlement agreement that states that you are aware of your rights. If you did not sign this document, you may have a path to filing an additional lawsuit.
Secondly, you may be able to file an additional lawsuit if the terms are too vague or confusing. You cannot make an additional claim by stating that you simply did not understand the terms of the agreement. The agreement has to be very clear and specific. If this is not the case, have your attorney evaluate the documents and determine if it may result in a favorable outcome.
In addition, you may be able to file an additional lawsuit if the other party did not act in good faith. If the other party threatened you to sign an agreement under duress, blackmailed you, used fraud as a way to get you to settle, or acted in any nefarious way, you can sue. You need concrete proof of any type of bad faith, such as emails, voice recordings, text messages, or any other evidence you can provide that demonstrates an act of bad faith on the part of the defendant.
To learn more, contact a personal injury law service in your area.