Filing a Personal Injury Settlement After a Personal Injury Lawsuit – Can You Do It?
The vast majority of car accident personal injury claims in California are settled out of court. Some of the cases are settled by car accident lawyers in California, while others are settled by the injured persons without any assistance from a lawyer. For instance, hiring a top personal injury lawyer in Los Angeles can have a significant impact on the outcome of your case. Injured persons who handle their own LA personal injury claim risk receiving less compensation than their case is worth, or risk not being compensated at all. So, what can an injured person do if they accepted a settlement and later decided to file a lawsuit?
Can You File a Lawsuit after Accepting a Settlement?
When an injured person decides to waive their right to file a lawsuit against another person or entity, they sign a liability release form that releases the other person or entity from further liability. A liability release form is a legal contract that binds all parties and is enforceable under law. Generally speaking, once you have accepted a settlement offer and signed the liability release form you cannot successfully sue for the same injuries. However, there are some exceptions that will allow an injured person to file a personal injury lawsuit after accepting a settlement.
Exceptions to Filing a Lawsuit after Accepting a Settlement
- Settlement Before Lawsuit – If you settled before filing a lawsuit, and have not signed the liability release form, you may not be legally bound by the terms of the settlement agreement. You should always check with a top car accident lawyer in California to make sure.
- Fraud – If you and your LA personal injury lawyer were defrauded by the at-fault person’s insurance company during the settlement negotiations, you may file a lawsuit after the settlement. Unfortunately, fraud is very difficult to prove and the proof is needed in order to be successful. Once again, a top personal injury lawyer in Los Angeles can help you.
- Multiple Parties Involved in the Accident – Some lawsuits involve multiple parties who are found to be responsible for the accident which caused the injuries. If the release form you signed does not specify that it releases all parties from further liability, you may file a lawsuit against the other responsible parties. For instance, if you sustained injuries that could have been lessened by a fully functioning airbag, one that had been later recalled, you can still file a lawsuit against the car manufacturer and/or the airbag manufacturer as long as it is within the statute of limitations.
Why Would You Want to Sue after Accepting a Settlement?
Personal injury car accident lawyers in California know the importance of waiting before settling a personal injury claim. They know that you should never settle a personal injury claim before you know the true extent of your injuries. Insurance companies hope that after being injured you decide to settle the claim on your own, without the help of a top personal injury lawyer in Los Angeles. People who don’t hire top personal injury lawyers in Los Angeles, and who settle their injury claims prematurely, sometimes find their injuries are much worse than they thought. That they may be in pain for the rest of their lives, their medical bills turn out to be much larger than they expected, and that working full-time is no longer an option for them. Those people often regret their decision to settle and look for ways to file a lawsuit against the insurance company they settled with. But, for the most part, once you sign the release form it is too late to file a lawsuit. It is always best to talk with a top LA personal injury lawyer before making any decisions on a car accident claim.
Contact M&Y Personal Injury Lawyers for Legal Assistance
M&Y Personal Injury Lawyers, a top personal injury lawyers in Los Angeles, has the knowledge and experience needed to get injured clients the compensation they deserve. Insurance companies know us by name and know that we don’t settle before knowing all the facts.
When injured persons look for a car accident lawyer in California, they call M&Y Personal Injury Lawyers for service. Our cases are handled on a contingency fee basis, which means you don’t pay unless we win your personal injury case. Before agreeing to the insurance companies’ terms, give us a call at (818) 650-3861 and let us help you with your personal injury claim.