Understanding your rights after an accident can get complicated, especially when a settlement is involved. While settling a personal injury claim usually means giving up the right to take further legal action, there are some situations where exceptions might apply.
Our New York attorneys explain how settlements work, when you may still have legal options, and what to keep in mind before agreeing to one below.
Can You Sue After a Settlement?
The answer is typically no, but there can be exceptions. When you settle a personal injury claim, you usually sign a release form that prevents you from holding the at-fault party responsible for anything related to the incident in the future; this is a legally binding agreement, which means that by taking the settlement, you agree not to file any more claims against the person or their insurance.
However, if you later find out the settlement was based on fraudulent information or you were pressured into accepting it, you might be able to reopen the case. That’s why it’s so important to fully understand the terms of your settlement.
When Can You File a Lawsuit After Settling?
As mentioned above, you generally can’t sue after settling your claim, but there are a few exceptions where you might still have that option.
Fraud or Coercion
You could potentially take further legal action if you can prove your settlement was reached through fraudulent means or coercive tactics; this could involve showing that the other party misrepresented key facts or forced you to accept less than you deserved.
Multiple Defendants
If multiple people are responsible for your injuries, you may still have the right to sue another defendant even after settling with one. For example, if you were in a car accident caused by two drivers, and you settled with one, you could have the opportunity to pursue the second driver if they were also at fault.
New Evidence or Claims
If new information comes to light that changes your case, you might be able to reopen it; this could involve discovering that a defective product contributed to your injuries, which may allow you to sue the manufacturer after settling with a different at-fault party.
Statutory Exceptions
Certain laws may provide exceptions to the general rule against suing after a settlement. For instance, if a minor was involved in the case, the statute of limitations may be extended, which would allow them to file a lawsuit even after a settlement.
When Can’t You?
While there are exceptions, accepting a settlement typically limits your ability to take legal action later. Here are some common reasons why:
- Signed Release Agreements: Once you sign a release agreement, you usually can’t sue over the same incident. These forms are meant to protect the at-fault party from any future claims, and courts generally enforce them
- Discovery of New Injuries: If you later find out your injuries are worse than you thought, it usually doesn’t give you the right to sue again. The law expects you to fully assess your injuries before settling.
- Time Limits: Every state has deadlines, called statutes of limitations, for filing a lawsuit. If you miss the deadline, you likely lose your right to file, even if you’ve already settled.
- Accepting Full Compensation: If the settlement covers all your injuries and losses, you can’t ask for more later; this is especially true if you agree to the settlement after carefully considering future costs.
Can You Sue After a Settlement?
The answer is typically no, but there can be exceptions. When you settle a personal injury claim, you usually sign a release form that prevents you from holding the at-fault party responsible for anything related to the incident in the future; this is a legally binding agreement, which means that by taking the settlement, you agree not to file any more claims against the person or their insurance.
However, if you later find out the settlement was based on fraudulent information or you were pressured into accepting it, you might be able to reopen the case. That’s why it’s so important to fully understand the terms of your settlement.
When Can You File a Lawsuit After Settling?
As mentioned above, you generally can’t sue after settling your claim, but there are a few exceptions where you might still have that option.
Fraud or Coercion
You could potentially take further legal action if you can prove your settlement was reached through fraudulent means or coercive tactics; this could involve showing that the other party misrepresented key facts or forced you to accept less than you deserved.
Multiple Defendants
If multiple people are responsible for your injuries, you may still have the right to sue another defendant even after settling with one. For example, if you were in a car accident caused by two drivers, and you settled with one, you could have the opportunity to pursue the second driver if they were also at fault.
New Evidence or Claims
If new information comes to light that changes your case, you might be able to reopen it; this could involve discovering that a defective product contributed to your injuries, which may allow you to sue the manufacturer after settling with a different at-fault party.
Statutory Exceptions
Certain laws may provide exceptions to the general rule against suing after a settlement. For instance, if a minor was involved in the case, the statute of limitations may be extended, which would allow them to file a lawsuit even after a settlement.
When Can’t You?
While there are exceptions, accepting a settlement typically limits your ability to take legal action later. Here are some common reasons why:
- Signed Release Agreements: Once you sign a release agreement, you usually can’t sue over the same incident. These forms are meant to protect the at-fault party from any future claims, and courts generally enforce them
- Discovery of New Injuries: If you later find out your injuries are worse than you thought, it usually doesn’t give you the right to sue again. The law expects you to fully assess your injuries before settling.
- Time Limits: Every state has deadlines, called statutes of limitations, for filing a lawsuit. If you miss the deadline, you likely lose your right to file, even if you’ve already settled.
- Accepting Full Compensation: If the settlement covers all your injuries and losses, you can’t ask for more later; this is especially true if you agree to the settlement after carefully considering future costs.
What to Do Before Accepting a Settlement Offer
Before agreeing to a settlement, make sure you’ve taken the steps to protect your rights and get fair compensation. See a doctor to document your injuries, consider any long-term medical or financial impacts, and gather evidence to support your claim. It’s also a good idea to consult a personal injury lawyer to review the terms and ensure the settlement is fair.
Check out this blog post for more information on what happens if you reject an insurance settlement offer.
What to Do Before Accepting a Settlement Offer
Before agreeing to a settlement, make sure you’ve taken the steps to protect your rights and get fair compensation. See a doctor to document your injuries, consider any long-term medical or financial impacts, and gather evidence to support your claim. It’s also a good idea to consult a personal injury lawyer to review the terms and ensure the settlement is fair.
Check out this blog post for more information on what happens if you reject an insurance settlement offer.
Can You Sue After the Statute of Limitations Expires?
In a similar vein, yes, the statute of limitations can sometimes be extended, but it depends on the situation. For example:
Minors or Incapacity
Similar to the above, if the injured person is a minor or legally incapacitated, the clock doesn’t start until they turn 18 or regains capacity.
Out-of-State Plaintiffs
If the injured party is out of state when the injury occurs, the time limit may pause until they return.
Discovery Rule
In cases where the injury or its cause isn’t immediately apparent, like medical malpractice, the clock may not start until you discover the issue or reasonably could have.
Can You Sue After the Statute of Limitations Expires?
In a similar vein, yes, the statute of limitations can sometimes be extended, but it depends on the situation. For example:
Minors or Incapacity
Similar to the above, if the injured person is a minor or legally incapacitated, the clock doesn’t start until they turn 18 or regains capacity.
Out-of-State Plaintiffs
If the injured party is out of state when the injury occurs, the time limit may pause until they return.
Discovery Rule
In cases where the injury or its cause isn’t immediately apparent, like medical malpractice, the clock may not start until you discover the issue or reasonably could have.
Contact Our Trusted New York Personal Injury Firm
At Field Law Group, we’re here to help you understand your options and fight for the compensation you deserve.
Reach out for a FREE consultation — we’re available 24/7 to answer your questions! Call 212-739-7278 or contact us today to get started.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve. Contact us today to learn how we can help with your case!
Contact Our Trusted New York Personal Injury Firm
At Field Law Group, we’re here to help you understand your options and fight for the compensation you deserve.
Reach out for a FREE consultation — we’re available 24/7 to answer your questions! Call 212-739-7278 or contact us today to get started.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve. Contact us today to learn how we can help with your case!
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania