At The Law Offices of Larry H. Parker most of the clients we work with have recently been injured in one type of accident or another. However, we do sometimes hear from someone who has already settled a personal injury case years prior, but found out that their injury was much more serious than they thought. They wonder if it’s possible to recoup the added costs of their serious injury. Keep reading to get answers and then contact us at 602-340-0030 if you are in need of a free legal consultation.
This is a Good Example of Why You Should Always Work with a Personal Injury Attorney
There are many reasons to hire a personal injury attorney, not the least of which is that we know when to settle a case. When you work with us, we know not to settle your case until you have reached “maximum medical improvement.” This is a term that means nothing medically can be done to further improve your injuries. If the case is settled before that point, it is very difficult to accurately assess the long-term costs of an injury.
In the event that you must settle your case before your doctor is 100% positive that you are as healed as possible, we will get a statement from your doctor stating your prognosis. We can then use that to argue for higher economic damages to cover potential future medical costs.
When You Sign a Settlement You Are Agreeing to Not Sue Later
When you settle with an insurance company or individual, you will be required to sign a settlement release that prevents you from being able to sue for or seek further financial recovery from the person and / or their insurance company. No company is going to settle if you do not agree to sign this document. In fact, that is why they are settling – they want to close the door on future costs.
You Cannot Seek Damages but You Can Get Medical Care from Your Own Insurance
While you cannot sue for damages on a case that has already been settled, you still have coverage from any medical insurance you carry on yourself. So if you do find that six months after your accident your injuries were more serious, your own insurance will hopefully cover it. That said, this does nothing for pain and suffering, lost wages, and other impacts of an injury.
The Biggest Lesson: Do Not Settle without Talking to an Attorney
There is no way around it: You should never agree to a settlement for an injury if you have not talked to a personal injury attorney. You can request a free legal consultation from The Law Offices of Larry H. Parker at 602-340-0030 and we will give you an honest assessment of your options and their likely results.