It is quite widely believed that once a personal injury case is settled, it is impossible to file another lawsuit against the same defendant. This is true in most cases, but not always. There are times you can sue after a settlement, as long as certain exceptions apply.
When You Cannot Sue After Settling
The prohibition of further lawsuits is the general rule in personal injury cases, except where certain exceptions apply (see below). However, even if these two exceptions are relevant to the case, it is possible for a plaintiff to be prevented from taking further legal action. When a personal injury case is settled, the plaintiff may be asked to sign an agreement releasing the defendant from any further liability. This agreement is usually made in exchange for the monetary settlement. This agreement will usually state that the plaintiff accepts the settlement amount as full compensation for the injury and will not pusue any further compensation. Such an agreement is a legally binding contract, and once the plaintiff signs it, there is no possibility of suing the defendant again. Before signing this agreement, you need to be completely satisfied with the settlement you are being offered. It is important to have your personal injury lawyer with you to review any documents presented for you to sign by the party responsible for your injury, or their insurance company.
When You Can Sue After a Settlement
Although the general rule is that the plaintiff cannot sue the defendant again once a personal injury case is settled, there are some exceptions. The most common exception is when you believe that the other party entered into the settlement negotiations in bad faith. If you can show that the defendant acted fraudulently or coercively, you may still be able to sue. However, you will need to have very strong evidence to prove that the defendant’s behavior was inappropriate.
There is also another exception. In some cases, a plaintiff may pursue legal action against one defendant, only to discover a second responsible party in their personal injury case. If this happens, then the plaintiff can file a second suit against the other party, once the case against the original defendant is settled (or even concurrently).
Contact a personal injury lawyer
Shamis & Gentile provides outstanding legal services in Florida and New York. When you bring your case to us, you will always work with a seasoned personal injury attorney who has an excellent track record. We are progressive and trusted within the legal community, and we are often called upon to settle cases that other law firms may not be able to handle on their own. Our personal injury attorneys will help you pursue the compensation you deserve and will be able to advise as to whether you have grounds to sue after a settlement has been made. Contact us and book a consultation with a personal injury lawyer.
