What If My Injury Worsens After Reaching a Settlement?

injury has gotten worse since reaching settlementCertain injuries can be unpredictable. You may not be responding to treatment well as your doctor had hoped. Even with treatment, your condition may continue to worsen. For instance, you may suffer from an infection that requires on-going medical care.

It can be challenging to factor these issues in a personal injury settlement. The damages you have incurred as a result of your injury may be worth more than the settlement offer you have accepted. You may be unsure about what to do.

Unfortunately, there may not be many options for pursuing additional compensation. Once a personal injury settlement has been reached, the at-fault party is generally released from further liability. You cannot file another claim against the same party for the same injury.

Greg Monforton & Partners is here to offer legal advice. We know what it takes to assess future medical treatment and damages. Set up a free consultation with a Windsor-based personal injury lawyer today.

Have You Signed the Release Form?

The reason why a personal injury claim cannot be reopened after accepting a settlement is the insurance company’s release form. Before an insurer pays out, they will ask that you sign a full and final release form. By signing this form, you are releasing the at-fault party from all future claims related to the accident and your injuries.

Otherwise, you are not yet bound by the terms of the agreement. For instance, perhaps you have yet to sign the release form but you have agreed to the terms. Should your injury worsen or your treating doctor say that your diagnosis is more severe than originally thought, a lawyer could still help negotiate for more compensation. Without an experienced lawyer by your side, you may be accepting an initial settlement offer that is much lower than your claim is worth.

Assessing the Full Value of a Claim

Generally speaking, after a settlement has been reached, there are not many options for recovering more compensation. This is why it is in your best interest to work with a lawyer to assess the full value of your damages, including the cost of ongoing medical treatment to aid in your recovery. He or she may be able to factor in the possibility of your injury worsening and the impact this could have on your quality of  life.

It is important to be honest about your injury and how it affects you physically and mentally to both your treating doctor and lawyer. They may suggest seeking treatment from another specialist or keeping a journal to document your pain and discomfort levels and other effects of your injuries.

An insurance company, on the other hand, is not on your side. Insurers are focused on their bottom line, which is saving themselves money, and may use certain tactics to devalue or deny claims. They may even argue that the cost of your medical treatment is not reasonable and necessary in an effort to not compensate you.

Greg Monforton & Partners is committed to seeking maximum compensation for your damages. We are prepared to consult with medical experts to help establish an accurate value of your claim.

What If There Was Multiple Parties Involved?

It may be possible that more than one party was at-fault for your injury. In these situations, you may be eligible to file a claim against another party that was not involved in the settlement offer you signed.

Examples could include other drivers if involved in a multi-vehicle accident, product manufacturers for designing a defective car part or even government entities responsible for maintaining roads.

Our lawyers are well-versed at determining liability and are prepared to hold any party accountable for his or her negligent actions.

Greg Monforton & Partners is Ready to Help

Insurance companies and lawyers for at-fault parties want nothing more than to pay out the least amount possible for an injury. This is why you need licenced, experienced legal representation.

Our firm has recovered millions in compensation for our clients and are ready to help you throughout the legal process. Your first consultation is free and carries no obligation to move forward. If we do represent you, there are no upfront fees. We only get paid if you receive compensation.

Call (866) 320-4770 to see how we could help.