Most people are under the impression that once a personal injury case is settled, the victim doesn’t have any right to file a lawsuit against the responsible party. While this may be true in some cases, there are times when you may still be eligible to file a lawsuit. Our seasoned Lafayette Personal Injury Lawyers have created a quick guide to explain when is the appropriate time to file a lawsuit after accepting a settlement:
Instances When You Are Eligible to File a Lawsuit after a Settlement
While liability is usually cut and dry; however, there are specific situations that could allow you to file for additional compensation beyond an original settlement. These include:
1. Fraudulent offer:
In case the settlement offered is fraudulent or made in bad faith, you have all the right to reopen your claim. However, if you suspect that the settlement was made in bad faith, it’s vital to call a personal injury attorney to discuss your legal options.
2. Liability of multiple parties:
Not all accidents have one party at fault. Instead, there may be multiple parties who can be held liable for a collision. For instance, if both driver A and driver B are liable for an accident and you accept a settlement from the insurance company of driver A, this does not stop you from filing a claim against driver B. However, when you pursue a claim against another responsible party, it must be done within two years of the accident.
When Can You Not Sue after a Settlement?
Accepting a settlement requires you to sign a document also known as the release of liability. It means that in exchange of the compensation, you give up the right to pursue a claim in the future. Most liability agreements also state that you will not seek compensation for all the losses from the same accident.
Steps to Follow Before Accepting a Settlement
Before you accept an accident settlement, you need to ensure that the compensation adequately covers your losses and damages.
Step 1. Seek medical treatment:
In the aftermath of an accident, it’s important to seek quick medical treatment. Also, make sure that you follow the treatment plan as suggested by your physician.
Step 2. Understand future medical needs:
If you have severe injuries, you may require treatment in the future too. Only a medical expert can evaluate your situation and understand all the medical requirements. If there are future medical needs, your settlement must include adequate compensation to pay for your future care.
Step 3. Assess future loss of income:
Your injuries may impact your future income. The damage in fact, may prevent you from returning to your previous job. Thus, before agreeing for settlement, make sure that you consider all the aspects of your life. Only a veteran lawyer can review your claim and help you to recover fair compensation.
Our Lafayette Personal Injury Lawyers are Here to Help
If you’ve already accepted a settlement, you may still want to obtain additional compensation. Our Lafayette personal injury lawyers at Clay Burgess Law Offices can thoroughly review your case and recover compensation you deserve. For legal queries and to know more about your rights, schedule a no-obligation consultation. With us, there are no upfront fees, and you can only pay us when we obtain monetary compensation for you.
Visit us or call us at (877) 234-7573.