Can You File for Other Damages After Settlement is Reached?

Almost everybody who has started or completely gone through a personal injury settlement in West Virginia knows that when you accept the settlement offer from the insurance company, you are binding yourself to that amount. This tends to be a final decision that, under many circumstances, you will not be able to go back on because you have agreed to that amount. This means that, in almost all cases, you will be prevented from being able to sue for further compensation.

However, in some instances, you might be able to receive additional compensation after the settlement is reached. You might not have known that these opportunities existed, which is why it is important to speak with an attorney so that you don’t miss out on any opportunities that you actually deserve. Our West Virginia personal injury attorneys want to help you achieve the largest amount of compensation possible for all of your damages so that you know you are being treated fairly at this time.

You’ve agreed to a settlement and perhaps you signed what is known as the “release of liability,” which helps to free an insurance company from further payments to victims and essentially closes down your case. This means that your signature will legally bind this document and allow you to achieve the compensation you asked for; and not a cent more.

Your attorney will speak with you about what a huge decision this is, as there will be fine print stating that you will not be able to file for additional compensation once you have made the decision to bind to this agreement. Before you seal the deal, so to speak, you want to speak with your accident attorney about your options and ensure that this is the right choice for you. You have time to back out before you sign if you believe that you are not receiving a fair settlement offer.

When Rare Circumstances Call for a Claim After Settlement

As mentioned previously, many people believe that it is impossible to request more in compensation after you have already agreed upon the settlement offer and signed away. However, there are some circumstances that will allow you to seek more. Here are some of these circumstances:

  • Perhaps you believe that your case has been made in bad faith and that fraud has taken place. You might be able to re-open your case. However, fraud is not always an easy thing to prove, which is why you do not want to stand alone as you bring one of these claims. You need experienced help from an attorney who understands what to look for and how to help you bring a bad faith claim against an insurance company.
  • If you have filed against one party but you believe that multiple parties might have been at fault for your accident, you might be able to bring a claim against another party even when one is closed.

You must always keep in mind that there is a statute of limitations in West Virginia pertaining to your case, which is why you must act quickly to retain legal help at this time.

How a West Virginia Personal Injury Attorney Can Help

If you are thinking about bringing a personal injury claim against a negligent party after you have been injured in a serious car accident, you have many options as you move forward. At Katz, Kantor, Stonestreet & Buckner, our attorneys understand how difficult it can be to face the aftermath of a car accident and want to offer you the assistance you deserve in your time of need. Please contact us at (304) 713-2014 for more information on how we can assist you.


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