Hurt in an accident in Kansas City? You need compensation for the full value of your damages, including pain and suffering and other non-economic losses. Many claims are resolved through a settlement with an insurance company. You may be wondering: Is it possible to reopen a personal injury settlement? The answer is generally no—with a very limited exceptions (for example, fraud), you cannot reopen a personal injury settlement once it is finalized. Within this article, our Kansas City personal injury lawyer explains your right—or lack thereof—to reopen a settlement.
The Rule: Once Signed, You Cannot Reopen a Personal Injury Settlement
You cannot reopen a personal injury settlement after it is finalized. Once it is signed, your agreement is finalized. It is crucial that you ensure that your settlement adequately compensates for all damages, including future medical expenses and lost income, before signing it. As a general rule, the agreement will include language that calls for a release of claims. In exchange for receiving settlement compensation, you are forever releasing the at-fault party and giving up your right to sue the defendant and/or obtaining additional compensation from any insurance company.
Key Takeaway: Even if your injury is worse than you initially realized, you cannot reopen on a personal injury settlement in Kansas City.
There are Limited Exceptions: (Fraud, Mutual Mistake, etc.)
Although personal injury settlements are final, there are some (narrow) exceptions upon which an a release can be set aside. Some exceptions that justify the reopening of a settlement include:
- Fraud: It happens when one party has deceitfully misrepresented important facts.
- Mutual mistake: This happens when both parties are mistaken about a key aspect of the case.
- New Evidence: Another exception might be if new evidence that could not have reasonably been discovered earlier comes to light.
Injured victims should never rely on these exceptions. When you sign a personal injury settlement after an accident in Kansas City, you should assume that it is final.
You Need Full and Fair Financial Compensation in Your Settlement
It is never advisable to sign a personal injury release/settlement until it has been reviewed by an attorney. You could be giving up the right to pursue claims against other at-fault parties and even underinsured coverage with your own insurance company. You are entitled to full and fair financial compensation under the law. Our Kansas City personal injury lawyer can help you seek compensation for:
- Property loss, including automobile repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Loss of wages and loss of earning power;
- Pain and suffering & mental anguish;
- Long-term disability or physical impairment; and
- Wrongful death of a family member.
Insurance companies are not on your side. They fight to pay out as little as possible—and that means settling claims for less if they can get away with it. A top-tier Kansas City personal injury lawyer can represent you in settlement negotiations with insurance carriers.
Get Help From Our Kansas City Personal Injury Attorney Today
At House Law LLC, our Kansas City personal injury lawyer is a skilled, experienced advocate for justice. If you have any questions about settlement negotiations, we are here as a legal resource that you can trust. Contact us right away for a free review and evaluation of your case. From our office in Kansas City, we represent injured victims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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