Can You Still Seek Compensation After Agreeing to a Settlement?

May 22, 2020 | Personal Injury

Most personal injury claims are resolved through a settlement, often one provided by an insurance company. The settlement provides compensation for the victim’s damages and releases the at-fault party from further liability for the incident in question.

Once a victim signs a settlement, he or she loses the right to pursue more compensation from the at-fault party. That said, there are sometimes exceptions to this general rule, such as when there was another party at fault for your injury. If this at-fault party was not part of the settlement, you may be able to pursue a different claim against that party.

Below, learn more about your options for seeking more compensation for your damages after signing a settlement. It is important to review settlement offers with a licensed attorney to determine if they provide fair compensation for your damages, including future damages you may suffer.

What Happens After Signing a Settlement?

The insurance company often presents the first settlement offer. If the injury victim hires an experienced attorney, he or she will likely negotiate with the insurance company for more compensation. (Insurance companies often make lowball offers at the beginning of the claims process.)

The insurance company and the attorney may go back and forth until the insurance company makes an offer the attorney considers fair, or the insurance company agrees to one of the attorney’s offers. The attorney will then advise the victim and the victim can decide to accept or decline the offer.

If the victim accepts the settlement and signs it, it will likely contain a liability waiver or release. This clause releases the at-fault party from liability. The clause also releases the insurance company from liability for damages caused by the at-fault party.

This generally means you cannot sue the at-fault party or the insurance company for more compensation for the same accident. Your injury could get worse in the future, but you will still be unable to pursue more compensation from the insurance company or at-fault party.

That is why it is so important to carefully review your injuries and damages to determine how long they may affect you. If your injuries may cause chronic pain or require ongoing treatment, you need compensation because these treatments can quickly become very expensive. This is often the reason why attorneys consult doctors and other medical experts when trying to determine the value of a case.

When you go to the doctor for treatment, make sure to discuss all your symptoms. The more information you provide, the easier it will be for the doctor to provide an accurate diagnosis and recommend appropriate treatment.

Your lawyer can also explain what else you can do to document your pain and suffering and the daily problems you experience because of your injuries.

When Can You Sue After Accepting a Settlement?

Sometimes an injury was caused by multiple parties. For example, maybe you were in a car accident with multiple other vehicles. That means multiple drivers may share fault. If the settlement you signed was only with one of those parties, you may still be able to pursue compensation from the other parties, either through insurance claims or potentially lawsuits.

It is possible for an insurance company to enter into a settlement in bad faith, you may be able to claim you were defrauded. Renegotiating your settlement could also be possible. However, this can be very difficult to prove, and you should strongly consider hiring an attorney if you believe fraud occurred.

Schedule a Free Consultation to Discuss Your Injury Claim

Once you agree to a settlement, you likely cannot seek more compensation for your damages. That is why it is so important to make sure any settlement you sign provides fair compensation for damages, particularly damages you may suffer in the future or on an ongoing basis.

Meeting with a Richmond personal injury lawyer is an important step in determining if a settlement offer is fair. At Geoff McDonald and Associates, our attorneys have obtained hundreds of millions in compensation on behalf of our clients. We know how to determine what a claim is worth and whether a settlement offer provides the compensation victims need.

Geoff McDonald and Associates: 804-888-8888.


No Fees Unless We Win

    What a Demand Package Is in a Virginia Personal Injury Case

    Some careless driver has hit your car, and naturally, you expect a hefty settlement for the trouble they’ve caused you. However, you can’t simply call the insurance company and ask for a bag of cash. First, your attorney will need to prepare a demand package. What is...

    5 Reasons Personal Injury Lawyers in Virginia Go to Court

    If you’ve had an accident, you probably expected the insurance company to send you a settlement check right away. Cue shock and disappointment when insurance decides to play hardball. An adjuster may throw you a low settlement offer, or they may refuse to pay for...

    Will My Insurance Go Up If I Hire an Injury Attorney?

    Car accidents can be costly – both to your health and your finances. When another driver is responsible for the crash, it’s important to ensure your rights are protected. While you will typically seek compensation from the other driver’s insurance company, the...

    Benefits of Hiring a Slip and Fall Attorney in Virginia

    Slip and fall accidents can cause serious injuries that impact your daily life and affect you for years. After an accident, you should focus on your recovery and let an experienced lawyer handle the details of your personal injury claim.  Often, these accidents occur...

    Our Case Results

    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald