What Happens If an Injury Gets Worse After You Settle a Claim?

When you reach a settlement in a personal injury case, it’s meant to cover your current and future medical expenses, lost wages, and other damages associated with the injury. However, what happens if your injury worsens after you’ve already settled? This is a situation that can complicate matters for many, and it’s essential to understand the potential legal avenues available to you if your condition takes a turn for the worse. At Melinda Young Law, we aim to help you navigate through these complex scenarios, ensuring that your rights are protected even after a settlement is reached.

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Understanding How Settlements Work in Personal Injury Cases

In personal injury claims, settlements are typically agreed upon after both parties—your lawyer and the insurance company—reach an amount that compensates you for all your injuries and damages. This process usually involves a thorough evaluation of your medical reports, any potential future medical needs, and your pain and suffering.

However, it’s important to realize that the severity of injuries can sometimes change over time. If your condition gets worse after a settlement has been finalized, you may be left wondering if you can receive additional compensation or if you’re bound to the terms of the settlement you signed.

Settling Before You Fully Understand Your Injury

One of the key risks of settling too early is that you may not fully understand the long-term effects of your injury. Some injuries, particularly those related to the neck, back, or brain, may have delayed symptoms that worsen over time. Conditions like these can develop or intensify in ways that aren’t immediately apparent, making early settlement potentially problematic for your future health and financial security.

Settling before you know the full scope of your injuries may seem appealing due to the desire for quick compensation, but it can lead to regrettable outcomes. If you’re still in the process of medical treatment, you may not be aware of the full extent of the future care you’ll need. For this reason, it’s highly recommended that you allow your doctors to complete all tests and evaluations before agreeing to any settlement.

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Reopening Your Case After Settlement: Is It Possible?

Once a settlement has been finalized and you’ve signed the release documents, your claim is generally considered closed. This means that, in most circumstances, you cannot reopen the case or request additional compensation. The settlement is supposed to cover all current and future expenses related to the injury, including medical bills, lost wages, and pain and suffering.

However, there are certain situations where reopening a case may be possible:

1. Compensation for Future Medical Expenses: Some personal injury settlements include provisions for future medical expenses. If this was part of your settlement agreement, you may be able to pursue additional funds if your medical situation worsens. You’ll need to demonstrate that the worsening of your condition is linked to the original injury and is part of the ongoing impact of the accident. 
2. Fraud or Misrepresentation: If you can prove that the opposing party misrepresented facts, hid critical medical information, or otherwise acted in bad faith during the settlement process, you might be able to challenge the settlement. In such cases, fraud or deceptive tactics may give rise to a new claim. 
3. Injury Not Covered in the Original Claim: If a new condition develops that wasn’t related to the original injury, you may be able to file a new claim. For example, if a minor injury from a car accident turns into a chronic condition or causes a secondary issue, you could potentially file a separate lawsuit for that issue.

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What to Do If Your Injury Worsens After Settlement

If your injury worsens after settlement, there are several steps you can take to address the issue:

1. Consult Your Attorney: If you experience worsening symptoms or a new injury that you believe is related to the original case, your first step should be to contact your lawyer. Melinda Young Law can help you understand whether reopening your case is feasible or if pursuing additional compensation is an option. They can also review the terms of your settlement to see if there are any clauses that could be of assistance. 
2. Seek Medical Advice and Documentation: Documenting the worsening of your condition is essential. Your medical team should assess the situation thoroughly and provide written reports outlining the extent to which your injury has worsened. These reports are critical for proving that the condition is directly related to the original injury. 
3. Review the Terms of Your Settlement: It’s important to go over the terms of your settlement to see if there are any provisions for additional compensation for worsening conditions. Many settlements include clauses related to future medical treatment, so you may still be able to receive additional compensation if your condition worsens in a way that was anticipated in your original settlement. 
4. Check Insurance Policies: If your injury worsens and you cannot reopen your original case, your health insurance or disability insurance may be able to assist in covering the new medical costs. Additionally, if you have ongoing medical care or treatment that wasn’t covered in your initial settlement, you may be able to seek reimbursement through your insurance or through another claim. 

Why You Should Never Settle Without Full Medical Evaluation

In personal injury cases, particularly those involving complex injuries like brain trauma or spinal cord injuries, waiting until you have a complete medical evaluation before settling is crucial. By rushing the process, you might miss out on potential future care that will be necessary to live a full and productive life.

If you are uncertain about the extent of your injuries, it’s best to work with your lawyer and your healthcare providers to get a clear picture of what your recovery timeline looks like and what ongoing treatments may be required. This will help you avoid settling too soon and ensure that you’re adequately compensated for all aspects of your injury.

Options After Settling and Worsening Injuries

If you’ve already settled but your injury worsens, you might feel stuck. Here are some options that could help:

• File a New Claim: In some cases, you may be able to file a separate claim for any new injuries or conditions that develop. This is often the case if you have experienced a significant change in your health that wasn’t covered in the original case. 
• Seek New Compensation for Long-Term Care: If the original settlement didn’t account for the long-term medical care you now need, you might be able to negotiate additional coverage through your insurer or through a new claim. 
• Consider Mediation or Arbitration: In some instances, it might be possible to work with the other party involved in the case through mediation or arbitration to address new medical needs without resorting to a full legal case.

Settling a personal injury claim too early can come back to haunt you if your condition worsens after the fact. At Melinda Young Law, we encourage you to always consult with an experienced personal injury lawyer before agreeing to a settlement, particularly when the future consequences of your injury are not fully understood. By taking the time to understand your injury thoroughly and ensuring that all your future medical needs are accounted for, you can avoid complications down the road.

If you’ve already settled but find yourself in a situation where your injury has worsened, don’t hesitate to contact us at Melinda Young Law. We’re here to guide you through the complexities of personal injury law and ensure that you receive the full compensation you deserve.

Understanding Settlement and Injury Law: Why You Need to Work with a Lawyer

Remember, personal injury law is complex. Even after a settlement, circumstances can change, and having the right legal advice can make all the difference. If you’re unsure about your settlement or the worsening of your injury, reach out to us at Melinda Young Law for a consultation.

To learn more about this subject click here: What Happens to Injury Claims When Roads Ice Over