Following a car accident, you have several options available to seek compensation for your injuries. You have the choice to litigate should you not be satisfied with the insurance offer, and even during this period, as you wait for litigation, you always have the chance to settle should a better offer be made.
However, what happens after you settle and you determine additional damages are needed? Can you pursue additional claims once a settlement is signed and finalized?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Settlements Are Final
When parties enter into a settlement agreement, they normally sign off on a clause stating that neither party will pursue legal action against the other party. In fact, you will be hard pressed to achieve a settlement with this type of clause in writing and signed.
It is for this reason that it is next to impossible to pursue additional damages. However, certain limited circumstances exist where additional damages can be sought even after a settlement is complete.
Settlement Entered in Bad Faith
If you believe the other side entered into the settlement agreement in bad faith, you may be able to seek additional damages. This argument is very rare, however.
You would need evidence proving you and you attorney were defrauded during the settlement negotiation. The evidence needs to be pretty solid as any accusation of fraud is taken very seriously.
For example, the other side may have purposefully withheld important information that would have either led you to not accept the settlement offer or would have changed the whole course of settlement negotiations.
If you have any concerns, bring it to your attorney’s attention and have him or her look into your concerns first before going any further.
Coerced Settlement Offers
Another situation where you get out of a signed settlement offer to seek additional damages is when you were coerced into agreeing to a settlement.
If tactics of force or intimidation were used and you felt unjustly “pushed” or threatened into taking a settlement offer, you may be able to argue you were coerced into the “agreement.”
When litigants are unrepresented during settlement negotiations, the represented side may take advantage of that opportunity to unfairly push the unrepresented party into the agreement.
Additional Defendant Discovered
Another possible situation that is more likely than the previous situation is when a new defendant is discovered. If that is the situation, you may be able to bring a second defendant to the case. While many personal injury lawsuits have more than one defendant listed on the petition, you can negotiate for settlement with one party at a time.
Coming to an agreement with one of the parties and signing on the dotted line does not bar you from pursuing litigation against the other party. Therefore, you can seek damages from that party instead.
Carefully Consider Each Settlement
Agreeing to a settlement can save you a lot of time and heartache but it does come at a cost. You can always take a chance with your day in court and come out with a better offer, but, at the same time, you run the risk of getting less than what is being offered or even nothing at all.
It can be a gamble, and it is this risk and uncertainty that can lead many litigants to settle before going to trial. It is for this reason that every settlement offer needs to be carefully examined and considered before signing on the dotted line.
Your personal injury attorney will be able to advise you on the pros and cons of the offered settlement, and if you choose to go back to the negotiating table to see if you can get a better counter-offer, he or she will be able to take the lead and test the waters.
Contact an Attorney Today
If you have been involved in a car accident and are not sure if you should settle with other said and what the consequences would be of settling with the other party, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
