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If you were injured in an accident that was caused by someone elseโs negligence and then received a settlement as compensation for your losses, you may not be able to reopen the case. When your personal injury claim was settled between you and the defendantโs insurance company, you were likely required to sign a release of liability form that prevents you from bringing any future claims in relation to the same accident and/or injury. Insurance companies generally require a signed release of liability before finalizing a settlement.
Understanding Your Personal Injury Case
While every accident has its unique circumstances and settlement terms, you generally cannot reopen or relitigate your personal injury case once a judgment has been made. This is typically based on the insurance companyโs inclusion of the release of liability mentioned.
Once your personal injury case has been litigated, you have very little recourse moving forward. If the settlement you obtain ends up not covering the damages you incurred, thereโs simply not much you can do about it. If youโve been injured in a car collision, slip-and-fall, or any kind of accident that was caused by someone elseโs negligence, itโs important to address both ongoing and future damages during the claims process. Consulting an experienced California personal injury attorney can help clarify your options.
You generally get one opportunity to resolve a personal injury claim. Recovering from a significant injury is often a lengthy and challenging process that can require substantial resources to achieve a full recovery. California personal injury lawyers can work with doctors and other industry professionals to help evaluate the potential value of your claim and help you pursue compensation to the full extent of the law.
Understanding Your Release of Liability
The release of liability that you sign, once you have reached a settlement agreement in your case, is a legal clause or document that says you release the defendant from any and all future liability related to the specific claim. Therefore, as long as the defendant fulfills the terms of the settlement as they apply to them (generally, this involves paying the settlement), they cannot be sued in the future for any additional injuries that may develop. If, for example, you discover that the accident caused you to suffer more injuries than you originally realized, the release of liability will keep you from pursuing any additional compensation for those injuries.
Insurance companies take these releases seriously. In fact, even if a judge has signed off on your settlement agreement, the insurance company may not release your payment until youโve agreed to release them from liability. In many cases, this release is included as a clause in the actual settlement, as verbal agreements are generally not sufficient to reopen a personal injury case.
If The Insurance Company Makes A Settlement Offer
Our California personal injury attorneys can negotiate with insurers on your behalf if someone else’s negligence has caused your injuries. We can also advocate for your rights through litigation, if necessary. While you focus on regaining your health, we can handle the legal aspects of your case.
Some insurance companies may offer a settlement that seems enticing. However, you need to understand the full extent of your injuries and their associated costs before signing an agreement. While being offered a settlement may seem like an easy way to close the book on your accident, itโs important to remember that accepting a settlement typically means giving up your ability to pursue further compensation if your injuries turn out to be more serious than initially believed.
There are certain kinds of injuries that can become far more serious over time and can even become chronic. If an insurance company is providing you with a settlement offer, consider consulting with a personal injury attorney before you sign.
Some Exceptions To Keep In Mind
There are some circumstances that may allow victims to pursue additional damages even if theyโve already negotiated a settlement, such as:
- If youโve agreed to the terms of the settlement agreement but havenโt signed it yet.
- If youโve signed the settlement agreement, but it didnโt contain a release of liability, and you havenโt signed a release yet.
In these situations, consulting a California personal injury lawyer may provide guidance on your available options.
When Thereโs Additional Responsibility
You were injured in an accident that was caused by someone elseโs negligence, and youโve signed and received a settlement that included a release of responsibility. It may seem like that is the end of that, but there may be another possibility. In some cases, more than one person or entity is responsible for causing an accident, and if your personal injury case involves more than one responsible party, you may have another option for pursuing compensation.
For example, if you or the other driverโs car has a manufacturing defect that contributed to the accident, you may be able to seek damages through the car manufacturer. Furthermore, if a poorly maintained roadway contributed to the accident, you may be able to hold the county legally responsible. To reiterate, every personal injury case has its own set of circumstances that may ultimately guide your course of action. Thatโs why consulting a personal accident attorney at the outset of the incident may be helpful. We can explain your rights and options, guiding you throughout the legal process.
Not So Fast: Assessing Your Damages After An Accident
An accident may cause your medical bills to mount up. While still in the process of healing, your injuries may prevent you from going back to work, which may strain your finances. An early settlement offer from insurance companies may seem enticing, given your current financial situation.
You may view this settlement offer as a lifeline that can help you through the financial pinch. However, a lump-sum offer may not account for the long-term financial, emotional, and physical consequences of an accident. It is important to carefully consider the full extent of your damages before signing an agreement.
Experience Is Key: Consult With A California Personal Injury Lawyer
A personal injury attorney can assist in thoroughly evaluating your damages before proceeding toward a settlement. These damages can come in a wide variety of forms:
- Medical expenses, including emergency care, surgeries, aftercare doctor and therapist visits, prescription medications, adaptive physical devices, and more.
- Lost hours and wages on the job.
- Diminished earning potential.
- Emotional pain and suffering.
Additionally, it can take a considerable amount of time to fully assess the extent of the damage youโve suffered. Consider waiting to settle with the insurance company until you have a clear understanding of your needs for recovery.
The Clock Is Ticking: Statute of Limitations
While it may take time to fully understand the extent of your damages, itโs also important to recognize that timing matters. Thereโs a statute of limitations for bringing a personal injury claim in California. In general, you have two years from the time of the accident to file your claim. Although two years may strike you as more than enough time, plenty of victims have faced challenges meeting the deadline.
If youโve been seriously injured, itโs only natural to focus all of your attention on regaining your health and strength. This also takes time. The longer you put off bringing your personal injury case, the more difficult it can be to gather evidence. Prompt action may be helpful in pursuing compensation after an injury. Consult a personal injury lawyer to understand the time limit that is applicable to your case.
If Someone Elseโs Negligence Leaves You Injured, Contact Our California Personal Injury Attorneys
If you are planning to pursue a personal injury claim, we are ready to guide you through the process. Our personal injury attorneys at Arash Law are committed to advocating for your rights and helping you seek compensation for your injuries and losses. Our lines are open 24/7 to help answer questions and address any inquiries you may have about your case. Call us at (888) 488-1391 for a free initial consultation.
