When you get hurt in any kind of accident that was not your fault, you are entitled to compensation from the responsible parties. In most cases, their insurance companies handle the settlement.
Unfortunately, if you are not represented by a skilled attorney, you might realize later that the compensation deal was unfair. If you are wondering whether you can sue someone after settling with their insurance, contact Phillips Law Group to find out what options may be open to you.
What Are You Entitled To Receive After an Accident?
If you have suffered losses because of an accident caused by someone else’s negligence, you have a right to compensation. Many people do not realize what they are entitled to and may settle for less than they deserve.
You should receive full reimbursement of your out-of-pocket medical expenses and any other costs you incurred due to your injuries. If your injuries caused you to miss work, you should be compensated for the value of any paid or unpaid time off. Your compensation should cover ongoing medical care and reduced future earning capacity if your injuries will limit your ability to return to your job.
You are also entitled to money to compensate you for the inconvenience, embarrassment, physical pain, emotional turmoil, and other consequences that have impacted your quality of life after the accident. People who do not work with a personal injury attorney rarely receive adequate pain and suffering damages in an insurance company settlement.
Your Conduct Impacts Your Settlement
The laws in all 50 states consider the conduct of the injured party when awarding damages. A judge or jury must allocate responsibility for the incident between the parties on a percentage basis. The impact of the allocation differs from state to state.
In states with a pure comparative negligence scheme, such as Arizona, an injured person who is 60 percent responsible will receive 40 percent of their damages from other negligent parties. In many other states, an injured person who bears more than 50 percent of the fault for an accident cannot collect any damages. A few states still follow the traditional rule that an injured person who bears any responsibility for an accident cannot receive any compensation.
Insurance companies exploit these regulations to pay as little as possible to a claimant. Working with a skilled attorney can prevent insurance companies from shifting blame onto you and ensure that you receive the maximum possible settlement for your individual circumstances.
A Settlement Is Compensation in Exchange for a Release
When an insurance company offers a settlement, it is contingent on your signing a release giving up your right to bring a lawsuit. Insurance company lawyers spend their careers drafting watertight releases. Once you have signed a release, it is very unlikely that you will be able to sue.
However, unlikely is not the same as impossible. Sometimes there are circumstances that a release does not appear to cover. There could be a critical error in the release, or there could be irregularities in the way it was executed. If you feel that an insurance settlement you have signed is unfair, it is always worthwhile to engage an experienced injury attorney to review the language of the release.
Avoid Insurance Settlement Regrets by Working With an Injury Attorney
Injured people who work with legal professionals to negotiate an insurance settlement typically get a much better deal than those who pursue their claim alone. If you have already agreed to an insurance settlement and signed a release, you have likely lost the option to sue. However, it can be worthwhile to have an attorney review the agreement and advise you of your legal options. In some cases, there may be an opportunity to bring a lawsuit against others or reopen negotiations after a settlement. Reach out to Phillips Law Group today to schedule a free, no-obligation consultation.
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