One fact about car accidents is that they are followed by lawsuit routinely in the United States and can someone sue you after insurance pays? Do you think you can getting a settlement from an insurance company stand in the way of getting a civil lawsuit? Well, all of the questions you have would be answered today and all that you want to know about suing someone would be discussed as well. Same with getting sued after a car accident would be discussed too.
The essence of every insurance settlement is for the case to be closed and this is why you have the settlement to wrap up everything. What this means is the possibility of seeking further compensation from that case has been closed and you would not be getting anymore compensation from what you have already received. Just like you would be told by every auto insurance lawyer, this rule also has its own exceptions.
It is going to be a bit difficult if you have already received a settlement from the insurance company but it doesn’t mean a lawsuit cannot be filed.
Can Someone Sue You After Insurance Pays
Settling a claim by an insurance company simply means the company in question here has agreed to pay some amount of money which would wrap up all of the claims and there is always a settlement agreement which makes sure the victim doesn’t get to request for more compensation in the future. Every victim would need a waiver in order to be able to accept the cash settlement.
This waiver or release as it is popularly termed is a legally binding contract and it stands in the way of the victim from making any more claims once a settlement has been paid out. However, there are few exceptions to all of this but once you end up signing the contract, it is impossible for you to go after any more compensation. In a settlement agreement, it might be stated that the victim would receive one hundred thousand for suffering, pain and medical expenses after being involved in an accident.
When signing to this agreement, the victim has agreed to not ever going to seek any further compensation from the same claim. A settlement agreement clearly states that the victim will not be given any further compensation from the same claim but sometimes questions like “what if the victim didn’t get a fair deal” might be asked. Let’s say the injuries reported by the victim tends to get worse or sever over time? What if the injury termed a minor injury turns out to become a disability? What does the victim do?
In cases like this, the victim would have no other choice but to look away from the agreement that has been signed and end up filing for another compensation from the insurance company. Based on the terms of the settlement agreement that has been signed, the court is likely to dismiss the lawsuit immediately. Filing a lawsuit is an easy process which is similar to presenting legal documents to a court and paying all the necessary fees.
However, you can hire a lawyer to file a lawsuit or do it on your own. After accepting settlement, filing a lawsuit is actually very easy and this is because nothing stands in your way of filing for another lawsuit. The whole different story is getting to win the settlement. It is very impossible for the judge to dismiss your lawsuit without hearing it in court first but let it be known that the defendant would remind the judge of the settlement agreement already signed.
This is the point where the judge might get to dismiss the lawsuit because the settlement agreement has clearly stated that no further compensation would be paid after the initial settlement has already been paid. You might be liable for all the defendant’s cost and legal fees if the nudge ends up dismissing your lawsuit and trust me, your post settlement lawsuit could turn around to cost you thousands of dollars as well.
Convincing the judge that you have good and solid reasons for filing for another lawsuit is the only way to make sure your file doesn’t get dismissed by the judge. If you can be able to prove that the settlement you agreed to was one of coercion or fraud then you might just have gained more grounds in this case.