In most cases, no, you cannot sue for more money if you already accepted a settlement for your personal injury claim. Most settlements stipulate that upon signing, the case is final, and you cannot re-open it or sue for more money in the future.
This is why it’s crucial to make sure the settlement you’re offered is adequate and fully accounts for your injury, complications, and all of your damages before signing anything. To determine if you do have any legal forms of restitution for additional compensation post-settlement, you’ll need to have a personal injury attorney review the specifics of your case.
Fast Settlements: A Double-Edged Sword
In many cases, accident victims’ finances are in a state of turmoil in the wake of their injuries. With loss of wages and rising medical bills, it’s hard to make ends meet. This desperation leads some to rush and sign the first settlement that comes their way.
However, when you sign a settlement, you also sign a release of liability: a full final release.
An example of some language that could be used: “This shall release any and all personal injuries including any injuries which may or may not exist but which at this time are unknown and which may develop at some time in the future and all unforeseen developments arising from said injuries.”
This release essentially says you cannot reopen the claim or suit. Even if your condition worsens or more complications arise in the future, you will be barred from further compensation.
It’s far better to:
- allow your condition to fully manifest for a sufficient time (without going over the statute of limitations);
- see several doctors to get their prognoses; and
- try to account for the full extent of your condition and future damages before settling your claim.
If you are experiencing health complications, it’s important to determine who is, in fact, responsible for your condition.
Health complications may be the residual result of your injury, but they could also be attributable to:
- medical mistakes made during your treatment:
- poor medical care; or
- defective drugs.
If that’s the case, you might have an additional party against which you could file a claim. The only thing you can do if your injuries requier further medical care for which you didn’t originally account in your claim is discuss your case with an attorney.
A personal injury attorney will delve into a case and look for liability issues. If there is another form of restitution available to you, then you may be able to pursue compensation from that liable party.
Call our Injury Firm in Denver to Determine Your Options
To see if you have any legal remedies for pursuing compensation post-settlement, call our team at the Law Office of D.J. Banovitz.
Let the Banovitz attorneys:
- look over your case;
- determine liability issues; and
- explain what your options are under Colorado state law.
Contact us today to schedule a free case evaluation in Denver at 303-300-5060 or contact us online.