It’s not unusual to question whether you’ve made the best decision after accepting a settlement from an insurer. Once everything is finalized, you might realize the compensation was inadequate, which can be especially distressing if your expenses later exceed the settled amount. This situation raises an important question: can you take legal action after settling with an insurance company? The simple answer is no, but there are certain situations where further steps might still be feasible.
At Blackburn Romey, our goal is to help clients like you understand your legal rights and options. You can find more detailed information on our homepage. Our team is committed to guiding and supporting you through every step of the process, confirming you’re fully informed before making any decisions. Every situation is unique, and the more you know, the better equipped you’ll be to make decisions that safeguard your future.
In most cases, when you accept a settlement, you also sign a release form. This document waives your right to pursue additional legal action against the party involved. By agreeing to the settlement, the insurance company, in return, receives assurance that no further claims will be made. This is why it’s pivotal to thoroughly understand the terms and implications of what you’re signing before finalizing any agreement. Knowing exactly what you’re accepting can help avoid future complications and guarantee you’re making an informed decision.
Nonetheless, there are rare exceptions to this general rule. For instance, if the insurer engaged in fraud or deceit during the negotiation process, you might have grounds to challenge the settlement. If they intentionally withheld information or misled you about the terms, the court may allow you to file a lawsuit against them. In this sense, you might also have a case if there was evidence of coercion or undue influence in the process. Another possible scenario is if both parties made a mutual mistake, such as misunderstanding a key fact at the time of the arrangement. However, challenging a settlement under these circumstances is complex and only applicable in extremely limited circumstances.
Before finalizing any deal, it’s vital to make sure all your bases are covered. Here are some key steps to take:
Confirm that all liable parties have been identified and their insurance coverages are thoroughly reviewed. Missing a critical party or coverage can lead to a substantially reduced settlement. Moreover, verify that any potential claims or policies have been investigated to maximize your compensation.
Having an experienced personal injury attorney by your side is invaluable during negotiations. They can advocate on your behalf to achieve a fair and just resolution. Without proper representation, you may unknowingly leave money on the table or accept less than you deserve.
It’s essential to take into account all your medical expenses, including future costs for ongoing care or rehabilitation. Underestimating these charges can leave you financially strained in the long run. Make sure to include all anticipated treatments and therapies to safeguard your financial future.
While it’s generally challenging to sue once you have accepted an insurance settlement, some exceptions could allow you to make additional claims. If you’re uncertain about your rights after being in this scenario, we are here to help you understand your options and to advocate for your best interests. At Blackburn Romey, your peace of mind and rightful compensation are our highest priorities. Contact us today to discuss your case and explore your possibilities.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.