If an auto accident case is settled, can the plaintiff still file a lawsuit? The answer to the question depends on the number of potential defendants, the defendants included in the settlement, as well as the settlement’s terms. However, plaintiffs usually cannot sue the same defendant twice. Read on for more information on filing lawsuits after the settlement of a personal injury case.
Once a Release is Signed, a Plaintiff Cannot Change His or Her Mind
If a plaintiff settles a case and signs a liability release, the case is over even if the plaintiff refuses to accept the money. The person bringing the suit cannot reopen the suit or the claim, and if the person settles with the defendant before a suit is filed, he or she waives the right to sue in the future.
Settlements can be Set Aside
Disputes between parties occasionally arise, and if the dispute is large enough the plaintiff may be able to refuse the settlement. Procedures vary depending on whether the case is settled before or after a suit is filed.
- If an injury case is settled before the lawsuit is filed, and the plaintiff didn’t have a lawyer, they should get one. An insurance adjuster will not change his or her mind based on a plaintiff’s word alone, but even those with a
- Personal Injury Attorneys in Fredericksburg VA
- cannot always get insurers to reevaluate the case.
- If a personal injury case is settled during the lawsuit, Personal Injury Attorneys and the defendant’s lawyers will argue over the release’s terms. Typically, parties can resolve differences and come up with an amenable agreement.
If a Lawyer Offers Poor Advice
Even if a plaintiff’s lawyer gives bad advice as to a settlement, a plaintiff will not be able to back out or file another suit against the original defendant. The case would be over, and the only option a plaintiff would have is to file a suit against his or her Personal Injury Attorneys in Fredericksburg VA area.
Cases With Other Potential Defendants
In most cases, a settled claim against one defendant does not preclude a client from suing another potential defendant. Insurers use such language to ensure that their clients cannot be sued twice for the same case. For instance, if a person is in a crash with more than one driver, he or she should ensure that a signed release allows for continued claims against other drivers.