Can You Still Sue Even After Accepting A Settlement?
After you’ve accepted a settlement, you may still find that there are some unforeseen expenses that are adding up from your personal injury accident. You may wonder if you can still file a lawsuit against the defendant, so it is best to discuss the same with your personal injury lawyer in Redondo Beach.
No, you can’t sue after accepting a settlement, but there are some exceptions
Your personal injury lawyer will tell you that you can’t generally sue the defendant after you have accepted a settlement from his or her insurance company. The defendant’s insurance company’s lawyers know this full well. They will push the insurance adjuster to offer you a paltry initial first offer for a settlement and hope that you will be lowballed into accepting it. Afterward, it can take an act of God to sue the defendant.
You’ll sign a mutual release agreement before you can get your settlement money. This agreement contains clauses that prevent you from suing the defendant (in court) in the future for the same personal injuries. As mentioned earlier, there are some exceptions.
Your settlement did not include a mutual release agreement
If this is the case, your personal injury lawyer will tell you that you can sue the defense to your heart’s content even after accepting a settlement from them. The thing is that most settlements include a mutual release. Seeing one without a mutual release is like seeing an albino tiger in the wild – it is extremely rare.
The settlement release was vague or unfair
Your personal injury lawyer will tell you that if the wording in the mutual release agreement was vague or unfair, then the courts will not honor it. The same is true if the wording in the mutual release agreement was very confusing. You can then still sue the defense.
The defense has violated the terms of the settlement agreement
If the defense has violated the terms of the settlement agreement, then the mutual release agreement is not valid and won’t be entertained by the courts. You have a scope for suing the defendant in this instance.
Evidence of fraud or duress
If the defendant acted in bad faith when signing the mutual release agreement, the court can negate it. Examples of bad faith include:
● Withholding material facts
● Entering into the agreement with the intent to violate it
Lawsuits based on separate incidents- You can obviously sue the defendant for another personal injury accident.
Lawsuits against other parties- You can still sue the other parties involved in the personal injury accident
If your previous personal injury lawyer gave you terrible advice- You can still sue the defendant if you can prove that your previous personal injury lawyer gave you bad advice or even lied to you about material facts.As you have seen, by reading this article, you still have legal recourse. You can still sue the defendant even after you have accepted a settlement from him or her.