Many believe signing a settlement after a car accident ends their legal options, but that’s not always true. Some cases allow further claims, and knowing your rights can make the difference between being shortchanged and receiving full compensation. Typically, there are only certain exceptions to being able to sue someone after settling with their insurance.
Insurance companies settle claims fast, often before you grasp long-term injury impacts. Signing early might leave you responsible for uncovered costs. If bills later surpass the settlement, options may still exist.
Consulting an experienced attorney at Gervelis Law before settling helps you understand your rights and whether the offer is in your best interest before signing a settlement.
What Happens When You Settle With an Insurance Company?
The process can move quickly when you settle with an insurance company after an accident or injury in Ohio. After you sign a release, the insurer issues payment. Your attorney deposits the funds into a client trust account, pays any medical liens or related obligations, deducts agreed fees/costs, and disburses the remainder to you.
The release language typically states that the settlement fully resolves the claims covered by the agreement, preventing you from seeking further compensation. It may also state that the settlement funds fully satisfy all claims.
Why You Can't Sue After You Settle
Unless your case has circumstances qualifying it for an exception, these settlements from insurance companies are considered final. Once you’ve agreed and signed a settlement, the insurance company is no longer considered responsible, due to the release of liability.
You typically can’t reopen a settled claim just because new bills surface or symptoms persist; you would need a recognized legal ground (like fraud, duress/undue influence, or mutual mistake) to challenge the release.
Some injuries after an accident can take time to appear, and if you’ve already settled without considering this, you will need to face future medical costs yourself.
What To Do Before Accepting a Settlement Offer
Before accepting a settlement offer for your accident or injury, you should do your due diligence and consider your circumstances. If you’ve been offered a settlement, before accepting, you should:
- Seek a medical prognosis: See a doctor as soon as possible after an accident. Getting medical attention will help diagnose injuries and connect them to the incident. A medical professional can estimate future expenses, including long-term care costs, because some injuries take months to heal.
- Calculate lost wages and future costs: Consider if you will not be able to return to work immediately, or at all, because of your injuries, and what the entire cost of your recovery could be.
- Get professional legal advice: An attorney reviewing your case and settlement offer can help ensure that this settlement will cover all of your expenses, now and in the future.
- Understand rights and options: By having an attorney review your claim and settlement and explain the process, you can fully understand what legal rights you’re forfeiting when signing a liability release and accepting a settlement agreement.
After an accident, you deserve to get the most out of your insurance claim. Our team at Gervelis Law Firm will utilize our Rapid Investigation Team and our client-first approach to determine all costs that should be considered. You deserve an attorney who will fight for you and always prioritize your best interests.
Situations Where You May Still Be Able to Sue After a Settlement
You may be able to file a lawsuit or reopen a case after a settlement, but this is only possible with some rare exceptions, such as the following.
Fraud
If the settlement was made in bad faith, if the insurance company misrepresented something, or if it involved fraud, you might be able to reopen the claim once the fraud is uncovered.
Multiple Parties
If your case involves multiple parties, you can still file claims against those not in the settlement. Settling with one liable party may not include others, like a third party. If multiple parties are responsible, you can still sue the other defendant after settling if they are not included in the original settlement.
Coercion or Mistakes
If you notice a mutual mistake of material fact in the settlement after it’s been signed or feel you were coerced into signing, you could sue.
New Evidence
If new evidence is discovered that was unknown at the time of the settlement, you may be able to sue even after settling. Usually, it is not enough by itself; it must be tied to fraud, mutual mistake, or another recognized ground.
Can You Reopen a Personal Injury Case in Ohio?
Usually, a settlement will close your personal injury case in Ohio. There are some exceptions to this rule where your case could be reopened, even after signing a release of liability, but they are limited.
You cannot reopen a case because you found your claim was worth more, your injuries worsened, or if your damages increased. Reopening typically requires grounds like fraud, duress/undue influence, or mutual mistake—or pursuing claims against non-released parties.
If your accident had multiple liable parties, like two at-fault drivers, or in a defective product case, you may be able to pursue another claim or case against them, leaving the first liable party you settled with out of the case completely.
Why You Should Never Rush Into a Settlement
After an accident, some injuries may not appear immediately. Settling too early can mean you cannot get compensation for the full impact of your injuries. Some insurance companies can pressure you to settle quickly, likely hoping they can reduce their payouts and hoping you will settle for lower compensation than you deserve.
Accepting a settlement too soon can limit your future compensation for medical bills, lost wages, and pain and suffering. For example, if you settle two months after your accident, but your concussion symptoms have persisted past this point, you may risk not having a settlement that can cover all of your expenses.
Having an experienced legal team look into your case can make all the difference when you’re trying to determine what a fair settlement might be.
Gervelis Law partners with investigators with law enforcement backgrounds for detailed crash investigations. Our paralegals review documents to assess your case’s value. We act quickly, with our Rapid Investigation Team on-site within 24 hours.
How Gervelis Law Firm Protects Clients During the Settlement Process
When you’re in an accident, we take action fast. Gervelis Law and our attorneys will always prioritize our clients and what’s best for them, while keeping them informed and up to date every step of the way. Our team will meet you no matter where you are, whether you’re still in the hospital, unable to leave home, or need us to come to another convenient location.
Our case results show our willingness to fight for our clients until they have the compensation they need to recover. We take pride in building trust with our clients and helping them through this stressful time.
With an experienced lawyer on your case, you can save yourself from settling with insurance companies too soon or for unfair compensation.
Contact Gervelis Law Firm for Guidance on Insurance Settlements
You deserve the compensation you need after an accident or injury to recover both physically and financially. Getting fair compensation can make the difference between you wishing to reopen your case or covering medical bills on your own.
With one of our attorneys, you can trust that every part of your case will be handled by someone who truly understands Ohio law and fights for their clients. With five offices throughout the state, we will provide aggressive, experienced, and effective legal representation for clients in Ohio.
Contact Gervelis Law Firm today for a free consultation or call (866) 792-2728.