Car accidents are followed using routines in the United States. Can someone sue you after a settlement? Does getting a settlement from an insurer stops a civil lawsuit? These and more are the things you should know after getting sued or suing someone after a car accident. The truth is after getting settlement, the case becomes closed because the aim of the settlement is to close up everything. What this tells you is that after receiving settlement, you would no longer be able to get further compensation from what you have already received from the case.
Meanwhile, just like any car accident lawyer would tell you, exceptions can be made in some cases, but the fact still stands that if you have already received settlement from an insurance company then it becomes quite difficult to file a lawsuit again from the same case but not impossible. When an insurance company settles a car accident victims claim, they are agreeing to paying off a certain amount of money to close up the entire case. The agreement would also involved written agreement that would prevent the victim from asking for more money from the same case.
Signing a release or waiver is what the victim would do once the cash settlement gets accepted and mind you, this release or waiver is actually a law binding contract which prevents the car accident victim from getting more money after being paid settlement. However, there are few exceptions once the contract has been signed but it is difficult for a car accident victim to chase further compensation from the same case.
Can Someone Sue You After A Settlement
An example of a settlement agreement might be giving an accident victim one hundred thousand dollars for pain and suffering and medical expenses. Before accepting this settlement offer, the accident victim must first agree to not seeking further compensation from the same claim in the future. This is because it is clearly stated in the settlement agreement that an accident victim would not be given additional money from the same claim by the insurance company.
Now, in some cases, the victim might find out that the settlement he agreed to was a very bad deal. What if the injuries sustained by the accident victim was more severe than initially diagnosed? What if it turns out that a minor injury would go on to be a lifelong disability? In situations like this, it is common for the accident victim to ignore whatever settlement agreement he has with the insurance company and file a lawsuit to get additional compensation. Based on the terms of settlement, the court is likely to dismiss this lawsuit immediately.
Filing a lawsuit is a straightforward process such as submitting to a court legal documents and making payments for the required fees. It is possible for an individual to file a lawsuit on his or her own or consult a lawyer to get it done. You can actually go on to file a lawsuit despite agreeing to a settlement initially with the insurance company but there is a huge possibility that the judge might throw this lawsuit out of his court. Upon hearing your lawsuit, the insurance company lawyer would inform the judge of your settlement agreement and this leaves the judge with no option but to dismiss the case.
This is because the contents of the lawsuit states that you clearly agreed to not pursuing further compensation after accepting the initial settlement agreement. If the judge ends up dismissing your lawsuit then you still have to pay your legal fees and that of the defendant. The post settlement lawsuit can go on to cost you thousands of dollars. If you want your lawsuit to be listened to then you would need to convince the judge that you have a very good reason for filing a lawsuit again.
In rare cases, you can actually file a lawsuit even after receiving settlement from an insurance company. This is possible only if you can prove that the settlement you agreed to due to coercion, fraud then the judge might be willing to listen to your case. This is because you are generally responsible for whatever you read and whatever you sign. If you have a solid reason to file a lawsuit after receiving settlement then you must first contact a lawyer today. You might have limited options because it is typically difficult to file a lawsuit after receiving settlement from an insurance company.
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