The personal injury legal process is complicated. We understand you may be confused about your legal actions after an accident. Talking to auto insurance companies is stressful, but an experienced personal injury lawyer can assist with filing a claim and negotiating a settlement. They’ll tell you that, no, you can’t sue someone after you’ve settled your injury claim with your insurer. Can you sue someone after settling with their insurance?
At Chris Hudson Law Group, our Georgia personal injury lawyers are here to answer all your questions and guide you through each step of the process. Have you suffered injuries in an accident or incident that was someone’s fault? If so, we can explain your options for recovering your losses.
Can You Sue Someone After Settling Your Case?
Can you sue someone after settling with their insurance? If someone else injures you, that party should have to pay for your injuries and losses. Getting them to pay up involves negotiating with their insurance company and settling the case. Once you agree to terms and the insurance coverage, they will require you to sign a written settlement agreement. This releases the liable party from any further liability for the accident. This release clause also prevents you from suing the at-fault party.
The settlement agreement will also include a stipulation stating that you accept the money in “full satisfaction of all claims, known or unknown.” In other words, you agree not to file additional claims related to the same accident even if a condition worsens or develops later. Such a condition would be an unknown claim at the time you signed the settlement agreement.
Since you can’t go back for more later, it’s important to work with an experienced personal injury attorney. Your lawyer can fully evaluate your injuries and losses to ensure you demand maximum compensation for your insurance claim. Furthermore, your lawyer can negotiate more effectively for a comprehensive out-of-court insurance settlement.
Once they receive a settlement amount offer, your attorney will carefully review and analyze the proposed settlement agreement. Their goal to ensure you are not signing away more rights than you should. The legal jargon and terminology used in such an agreement may be unfamiliar. However, if you sign it, the law assumes you understand it. As such, it is best to have a lawyer review the agreement with you so you understand its effect. At Chris Hudson Law Group, we want you to get the money you deserve in a settlement agreement.
Are There Any Circumstances in Which You Can Sue After Settling With An Insurance Company?
Generally, you cannot file a lawsuit against someone after settling our of court. However, there are a few specific exceptions to this rule. Under the following circumstances, your attorney may advise you that you can still file a lawsuit after a settlement:
- Coercion or Force – To have a valid settlement agreement, the parties must enter into it voluntarily. You may have grounds to set aside the settlement agreement if the insurer coerced or threatened you into signing it.
- Fraud – Evidence of fraudulent actions by the at-fault party or their insurer is also grounds for setting aside the settlement agreement. In this case, you must demonstrate that you did not receive adequate information from the other party or that the insurer acted in bad faith.
- The Accident Involved Multiple Parties – If you settled with one party and then discovered that other parties were also at fault for the accident, you can sue those other parties, assuming the settlement agreement does not release them. For example, let’s assume you settled with the driver responsible for the accident. However, your lawyer subsequently determines that a defective part contributed to the collision. In this case, you may have a lawsuit against the vehicle manufacturer. This is why it’s important to have a lawyer investigate all the necessary parties to your personal injury claim.
What Steps Should You Take Before Settling?
Entering into a settlement after an accident means you are choosing to resolve your claim without filing a lawsuit and pursuing compensation in court. Before accepting a settlement offer, consider taking the following steps so you can demand your maximum compensation:
- Seek medical attention – Even if you think you’re OK after the accident, you should seek treatment at an emergency room or urgent care facility, as some injuries do not immediately become apparent after an accident. Follow through with any additional appointments and complete the necessary treatment. Do not agree to settle until you reach the point at which further medical care will not improve your condition.
- Gather evidence – Keep a file with all your medical bills and records, the police report if you obtain it, photographs, and any other documentation related to the accident. This file will help your attorney craft your claim in a way that supports the amount of compensation you are claiming.
- Evaluate the Impact on Your Job – Consider how the injuries affect your present working capabilities and their impact on your future. For example, can you perform the same duties you could before the accident? How will the accident affect your ability to earn a living in the future?
- Calculate your losses – Determine the full extent of your losses, including medical expenses, lost wages, and any property damage. Be sure to add up all of your out-of-pocket expenses related to the accident. Ask your lawyer for help arriving at an assessment of the intangible losses associated with your injuries, such as pain and suffering.
- Hire a lawyer – Contact an experienced personal injury lawyer as soon as possible after the accident. They will assist you with all communications and negotiations with the insurance company so you can focus on healing from your injuries. An attorney can help you understand all of your legal options. Your lawyer will thoroughly investigate the accident, obtain all the necessary evidence to support your claim, and demand full compensation for your injuries and losses.
Contact Us Today
Can you sue someone after settling with their insurance? Can someone sue you after insurance pays? At Chris Hudson Law Group, we understand you may be confused about your next steps after someone else injures you in an accident. Let our team of experienced Augusta personal injury lawyers assist you in the claims process. If the insurance companies refuse to offer you the compensation you deserve, we will not hesitate to file a claim and pursue your lawsuit in court. Call us today at (706) 863-6600 or contact us online for a free consultation to get started with your case.