Can You Still Sue After Accepting a Settlement in West Virginia?

After a car accident or other situation involving an injury, most victims simply want to get their bills paid and move on with their lives. It can be tempting to quickly accept the settlement offer provided by the insurance company without much thought.

But this can lead to regrets down the road. Did you accept a lowball offer? What if you realize that the settlement is inadequate to cover your expenses? Can you still sue after accepting the settlement offer?

At Miley Legal, we help victims fight for fair compensation after injuries every day. Our personal injury attorneys can help you decide to accept (or not accept) a settlement, and if the offer is not adequate, we will fight on your behalf. For a complimentary case evaluation, give us a call.

How Settlements Work in West Virginia

A settlement is an agreement between you and the at-fault party (or their insurance company) to resolve a legal claim without going to court. The injured party will typically sign a release of liability in order to receive the agreed-upon compensation. By signing the document, the injured party waives the right to pursue further legal action.

However, there are specific situations where legal action may still be possible, and we will dig into those below. 

West Virginia Laws Governing Settlements

Release of Liability Agreements

A release of liability agreement is generally binding. Once you sign, you agree not to pursue additional claims against the at-fault party.

But West Virginia Code §55-7-11a restricts certain actions immediately following an injury and does allow for situations when an injured party may disavow improperly obtained agreements. Take the 20 day window, for instance. If a release is obtained during the 20-day window after an injury, it may be voided.

For example, if an insurance company pressures you into signing a release while you’re still in the hospital, you can disavow the agreement within 180 days by following the procedures outlined in §55-7-11a. Your West Virginia personal injury attorney can help you do this, and if you have signed a release of liability agreement that you now regret, you are welcome to give us a call.

New Evidence or Fraud

Evidence of fraud or new information coming to light can nullify your release of liability. Let’s say that the insurance company or at-fault party withholds critical information, such as additional insurance coverage. You may have grounds to reopen the case. Your attorney can help you determine if new evidence or information is enough to justify additional legal action.

Exceptions to Final Injury Settlements in West Virginia

Discovery of Additional Insurance

Every so often, additional coverage or insurance policies are discovered after a settlement has been finalized. For example, if you settle for the policy limits of the at-fault driver’s insurance, only to learn later that they have an umbrella policy or other coverage, you may be able to seek compensation from those additional sources. We often help folks who have sustained serious injuries in car accidents, and these injuries often prove more costly than an at-fault driver’s insurance can cover. An experienced car accident attorney can help you uncover additional insurance policies that may contribute to your recovery.

Breach of Settlement Terms

If the at-fault party fails to uphold their end of the settlement agreement, you may have grounds to pursue additional legal action. This could include failure of the at-fault party to make promised payments on time, or other violations of the terms of the release. If you notice a breach in your agreement and don’t have an attorney already, document the discrepancies and immediately call a lawyer.

Can a Lawyer Help You Navigate These Complexities?

An experienced attorney will analyze any settlement offer that you receive and make sure that all damages—such as medical bills, lost wages, and pain and suffering—are accounted for. If there are any red flags, they will notify you and suggest alternatives. Car accident attorneys can also investigate whether additional insurance coverage exists or whether other parties may share liability for your injuries. It’s tempting to accept the first settlement offer that comes along, but do not let your desire to close this chapter of your life quickly stand in the way of justice.

What to Do Before Signing a Settlement

Firstly, wait until your medical condition has stabilized and future costs have been calculated before you sign a settlement. This will not happen overnight, and health situations can sometimes worsen after a period of time. An attorney can help you assess your damages from all angles.

The terms of release should be analyzed as well. Typically, the language will waive your right to pursue legal action against the at-fault party, but if it also limits your access to other defendants, your ability to recover additional damages for injury may be limited. Always seek legal counsel before signing an injury settlement.

What These Scenarios May Look Like in Real Life

Inadequate Insurance Coverage

Imagine you’re injured in a car accident, and the at-fault driver’s insurance company offers to settle for their $25,000 policy limit. After you’ve accepted the settlement, the driver’s $100,000 umbrella policy comes to light. If you signed a release of liability that explicitly waived claims against all policies, you may have to prove fraud or misrepresentation to seek additional compensation. This shows the importance of contacting an attorney before you sign any waivers or settlement agreements.

Improperly Obtained Settlements

Take a slip-and-fall injury, for instance. Perhaps you spoke with an insurance adjuster on the phone, and without even realizing you were being interrogated, you provide details that the insurance company tries to use against you. The result is a settlement offer for $5,000 – which they claim is the maximum payout – and you later learn that the bill for your ongoing therapy will be $20,000. If that settlement occurred within the restricted 20-day window, you could disavow the agreement and seek additional damages.

The Importance of Legal Guidance Cannot Be Overstated

If you’ve been injured due to someone else’s negligence, you need to speak with an attorney. Our personal injury attorneys in Huntington will review settlement offers, help calculate damages, look for additional insurance policies and defendants, and seek justice on your behalf. For a complimentary consultation, contact Miley Legal Accident Injury Lawyers today.