Your injuries seemed manageable when you settled your case. The doctors said you’d recover fully, and the settlement covered your treatment and time off work. But months later, you’re worse instead of better. New complications emerged, chronic pain developed, or that “minor” injury turned out to be permanently disabling. Now you’re wondering if you can go back and get more compensation.
Our friends at Marsh | Rickard | Bryan, LLC discuss how settlements are typically final and binding, making reopening cases extremely difficult. A personal injury lawyer can review your settlement agreement and specific circumstances to determine if any exceptions might apply to your situation.
The Harsh Reality Of Settlement Finality
When you accept a settlement and sign a release, you’re giving up your right to pursue additional compensation related to that accident. This agreement is legally binding and enforceable. Courts strongly favor the finality of settlements because our legal system needs disputes to end at some point.
The release you signed likely included language covering all known and unknown injuries. This means you agreed the settlement compensates you for everything related to the accident, even injuries or complications you didn’t know about when you settled.
Insurance companies insist on this finality. They won’t settle cases if claimants can come back later asking for more money. The whole point of settlement from their perspective is buying peace and closing the claim permanently.
Why Settlements Are Designed To Be Final
Allowing cases to reopen whenever someone’s condition worsened would make settlements meaningless. Insurance companies would never agree to settle anything, knowing they might face additional claims later. The legal system would grind to a halt with endless reopening of old cases.
This finality protects both parties. You get certainty about compensation without the risk and delay of trial. Insurance companies get certainty they won’t face ongoing liability. Both sides trade uncertainty for resolution.
The law places the burden of understanding your injuries on you before settling. You’re expected to wait until your condition stabilizes and doctors can provide reliable prognoses before accepting final settlement. Settling too early is your mistake, and courts generally won’t rescue you from it.
Limited Exceptions That Might Allow Reopening
A handful of narrow exceptions exist, but they rarely apply. Proving any of these requires overcoming substantial legal barriers and typically needs compelling evidence of wrongdoing or truly extraordinary circumstances.
Fraud by the insurance company can invalidate a settlement. If they deliberately concealed information about your injuries, withheld medical evidence, or lied about policy coverage to induce you to settle for less, you might have grounds to set aside the settlement.
Mutual mistake of fact occurs when both parties fundamentally misunderstood a basic fact when settling. If everyone genuinely believed you had a minor sprain but you actually had a severe fracture that wasn’t discovered until after settlement, this might qualify. However, simply learning your injuries were worse than expected usually doesn’t meet this standard.
Duress or undue influence that forced you to settle against your will can invalidate agreements. Being pressured to settle isn’t enough. The pressure must rise to a level that essentially eliminated your free choice in accepting the settlement.
Structural Settlement Protections And Future Medical Provisions
Some settlements include provisions for future medical complications. Structured settlements sometimes allow for additional payments if certain conditions develop. Medical set-asides or Medicare Set-Aside Arrangements protect funds for future medical costs related to the injury.
If your settlement included language reserving rights to pursue claims for specific future complications, you might have limited ability to seek additional compensation. These provisions are uncommon and must be explicitly stated in your settlement agreement.
Workers compensation settlements sometimes allow medical benefits to continue even after resolving wage loss and disability claims. This limited reopening applies only to medical treatment and doesn’t extend to other damages.
When Your Settlement Agreement Language Matters
The specific wording of your release and settlement agreement determines what you gave up. Most releases are extremely broad, covering all claims related to the accident whether known or unknown, discovered or undiscovered.
Some releases include language about specific injuries and might not cover completely different injuries from the same accident. If you settled a claim for a broken arm but later discovered you also sustained internal injuries in the same accident, you might argue the settlement didn’t release claims for the undiscovered injury.
This argument rarely succeeds because releases are typically written to cover all injuries from the accident regardless of whether they were known when you settled. Insurance companies and their attorneys write these documents specifically to prevent additional claims.
The Discovery Rule And Fraudulent Concealment
In limited circumstances, if the insurance company or defendant actively concealed evidence of your injuries or their severity, you might have grounds to reopen the case based on fraudulent concealment.
This requires proving they knew about the serious nature of your injuries and deliberately hid that information to get you to settle for less. Simply failing to tell you something they didn’t know themselves doesn’t qualify as fraudulent concealment.
The burden of proof is high. You must show they had actual knowledge of the concealed information, deliberately hid it, and you reasonably relied on their misrepresentation when settling.
Settlements With Minors Have Different Rules
Settlements involving injured minors often require court approval and include provisions allowing reopening in certain circumstances. Courts recognize that children’s injuries might not fully manifest until years later as they grow and develop.
Some jurisdictions allow minor settlements to be revisited if the injury proves more serious than anticipated at the time of settlement. These protections exist because minors can’t fully understand the legal consequences of settlement and might not reach maximum medical improvement until adulthood.
Adult settlements don’t receive this protective treatment. Courts expect adults to understand what they’re agreeing to and make informed decisions about accepting settlement offers.
Your Options When You Can’t Reopen the Case
If reopening your settled case isn’t possible, you’re not necessarily without options. Review whether your settlement included any provisions for future medical care or complications that might apply to your current situation.
Alternative sources of compensation might include:
- Your own health insurance for ongoing treatment
- Disability insurance if you can’t work
- Social Security disability benefits
- State victim compensation funds
- Medical payment coverage from your auto policy
These sources won’t compensate you for the difference between what you settled for and what your case is now worth, but they can help with ongoing medical costs and lost income.
Learning From The Experience
Understanding why settlements are final helps prevent similar mistakes in future situations. Never settle a personal injury case until you’ve reached maximum medical improvement and doctors can reliably predict your future condition.
Resist pressure to settle quickly even when facing financial stress. Insurance companies create urgency because fast settlements serve their interests, not yours. Taking time to understand the full extent of your injuries protects you from accepting inadequate compensation.
Always consult with legal counsel before signing settlement agreements or releases. An attorney can explain what rights you’re giving up and whether the settlement adequately compensates you for all potential future complications.
The Importance Of Proper Case Evaluation
Most cases of wanting to reopen settlements stem from settling too early. Proper case evaluation means waiting until your medical situation stabilizes, getting expert opinions about your prognosis, and understanding potential long-term complications before accepting final settlement.
Settling a personal injury claim should happen only after you have complete information about your injuries and their lasting impact. Patience in the settlement process prevents regret later when you discover the compensation was inadequate.
Consulting With An Attorney About Your Situation
While reopening settled cases is extremely difficult and rarely successful, having an attorney review your specific circumstances makes sense if you believe you have grounds for an exception. They can examine your settlement agreement, evaluate whether any recognized exceptions might apply, and advise you honestly about your options.
Some situations truly do involve fraud, duress, or other factors that might allow challenging a settlement. Most don’t, but only a careful review of your particular facts and documents can determine which category your case falls into.
If your condition has worsened significantly after settling your personal injury case and you’re wondering whether any legal options exist, reach out to have your settlement agreement and circumstances reviewed. While the news may not be what you hope to hear, understanding your actual rights and options allows you to move forward with realistic expectations and explore alternative resources for managing your ongoing needs.