Once you settle a case, it generally feels like it’s over. You may not want to think about it again. But then, months or years down the road, something changes. New symptoms develop. The money you accepted just doesn’t stretch as far as you need it to! It’s one of the more unpleasant things for a personal injury attorney to explain to a client who wants to accept a quick settlement.
The Finality of Settlement Releases
You see the problem here, because when you sign a settlement release, you are usually signing away any right to pursue any future claim relating to that accident or incident, no matter what happens to you down the road. Because most releases are drafted very broadly and include unknown injuries, even unanticipated complications that no one could have foreseen are typically covered by what you released.
Additionally, courts are almost always reluctant to reopen cases after the parties have entered into a release, preferring to treat the settlement as a final resolution of the matter.
The Limited Exceptions to This Rule
You’ll notice two key words in the prior paragraph: “foresee” and “final.” There are very limited exceptions to this general rule. If you can prove fraud in the inducement (that is, the other side fraudulently caused you to sign the release, for example by knowingly hiding a diagnosis they already received evidence of), you may be able to open the case back up. The same thing applies to true mutual mistakes of fact.
These are very rare cases where it turns out that both you and your settlement opponent were unaware of a particular condition at the time of settlement, and the release language itself specifically did not contemplate unknown future injuries. These cases exist but require very specific and compelling documentation.
Avoiding Settlement Too Soon Helps Avoid This Issue Entirely
Which brings us back to your personal injury attorney advising you not to settle too quickly. By waiting to settle until after you have reached what is known as maximum medical improvement, you will have given your treating doctors time to assess the long-term impacts of your injuries.
You should be aware of potential future medical problems before agreeing to a number. When injuries like herniated discs, traumatic brain injuries, or joints are involved, many injury attorneys consult with medical experts who can assess and testify to your long-term prognosis.
Jury Awards vs. Quick Settlements
That’s because, if your case goes to trial and you get a jury verdict, there is usually more leeway to argue that future damages should cover future complications that are reasonably foreseeable given your injury. The jury will have heard evidence about what is likely to happen to you in the future as part of their deliberations.
It’s part of why some cases with highly unpredictable long-term effects are better taken to trial or carefully negotiated (with future medical risk built into the discussion) instead of agreeing to a quick lump sum payment.
Don’t Get Sick Later and Worry About it
The point is this: if you sign a generic settlement release, it is extremely unlikely that your injury worsening at a later date gives you any legal recourse to revisit settlement. If you’re not sure your recovery is complete, discuss with your Aurora personal injury attorney delaying settlement, obtaining a better prognosis, or negotiating future medical risk into your number before you agree to settle.
