Personal injury cases require experience, strategy, and persistence. Our attorneys represent clients in serious injury claims, handling everything from investigation to negotiation and, when necessary, litigation.
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Injury lawsuits become final the moment you sign the release of liability contract. So if you have already signed the release of liability, then no, your lawsuit cannot be reopened.
However, if you have not signed anything yet, or you have agreed to a settlement but have not signed the release of liability contract, then under some circumstances you may still be able to renegotiate your settlement. The at-fault party remains liable for damages until that release is signed.
Make sure you have an experienced personal injury lawyer on your side when negotiating your settlement and signing any documents. Once that release is signed, you will not be able to seek additional compensation later.
Most people have signed some type of waiver or liability release before participating in an activity. A release of liability in a personal injury case works similarly, but with much bigger consequences.
Once the terms of a settlement are agreed upon, you will typically sign the settlement documents along with a release of liability. This document releases the negligent party from any further responsibility for the injuries and damages connected to the accident.
That means once the document is signed, they are no longer responsible for medical bills, treatment costs, or any other economic or non-economic damages related to your case.
When you sign this document, your personal injury claim is officially over. No further negotiations can be made, so you need to be sure you are comfortable with everything before signing.
Insurance companies often make a lowball settlement offer early in the process. Their goal is to get injured people to accept money before they fully understand the long-term cost of the accident.
This is especially common when medical treatment is still ongoing. If you settle too soon, you may later discover additional expenses that are not covered by your settlement.
This is where a strong personal injury attorney makes a huge difference. A good lawyer will usually recommend waiting until you reach Maximum Medical Improvement, or MMI, before negotiating seriously. At that point, treatment is complete or stable enough that future costs are easier to calculate.
The best time to settle is usually after you reach Maximum Medical Improvement (MMI).
If there are still outstanding economic damages or non-economic damages that need to be proven or calculated, you should wait until those numbers are finalized as well. You want to put yourself in the strongest possible position before agreeing to anything.
Waiting until the full scope of your losses is clear is one of the best ways to protect yourself from regret later.
The main situation where you may be able to renegotiate is when you have not yet signed the release of liability contract.
As long as you have not signed that release, and have not formally bound yourself to acceptance in mediation or another legally enforceable setting, there may still be room to ask for more compensation.
You do not have to accept every offer made by the insurance company. Rejecting an offer or making a counteroffer keeps negotiations open. But once you clearly accept an offer, especially in writing, it can become much more difficult to change course.
If you indicate acceptance too soon, there is a good chance you could be stuck with that agreement.
A fair settlement should account for all of your economic and non-economic damages. If anything is being left out, then the offer is probably not fair.
You should have documentation, proof, and reasonable valuations for everything you are requesting. As long as all of your losses are accounted for and you were not partially at fault, your settlement should fully reflect what the accident cost you.
If you are unsure whether the number is fair, that is where an attorney can help by reviewing every part of the agreement with you. For more information, review this article comparing structured settlements to lump sum payouts.
If you are not happy with the settlement, speak up before you sign anything or tell your lawyer to accept an offer.
Go over every detail carefully. Make sure all expenses are included and that the numbers make sense. While most injury lawyers are motivated to maximize your recovery, it is still important that you understand the agreement for yourself.
This starts with choosing the right lawyer in the first place. You want someone who takes your case seriously and is willing to fight for the full value of your claim.
At Rector Stuzynski Law Firm, your well-being is our priority. We work to make sure your settlement is fair, complete, and large enough to cover all of your losses.
We build your case while you continue treatment so that by the time negotiations begin, the full picture is clear. That helps reduce the risk of missed costs, uncovered treatment, and regret after signing.
Negotiating too early is one of the biggest mistakes people make. It is also one of the main reasons people later wish they could reopen their case.
Do not trust a law firm that just wants to close your file as quickly as possible. Work with attorneys who care about your recovery and want to help you come out of the process in the strongest position possible.
We offer free consultations over the phone as well as in-office visits during the week at our Colorado Springs office. Feel free to give us a call or stop by. We are happy to help.
We provide clear, practical guidance on personal injury claims and the legal process so you can understand your options and move forward with confidence.
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