In most cases, a personal injury lawyer Edmonton cannot help you reopen an already settled claim. You receive a settlement that provides a specific amount of money as compensation for your injuries, pain, and suffering. This settlement represents the total amount you can expect to receive, even if you later realize your injuries are more severe or your recovery costs increase. However, there are situations where previously closed insurance claims may be reopened.
Why You Cannot Sue After a Settlement Offer?
A car accident victim cannot file a lawsuit after a settlement has been reached. Even if additional medical expenses arise later or new complications from an existing injury are discovered.
If you signed a liability waiver or release form before accepting a settlement, you generally give up the right to pursue any future claims. A liability release is a legally binding agreement that confirms the settlement amount is accepted in full and prevents the injured person (you) from taking further legal action against the at-fault individual or their insurance company.
Don’t let insurance companies pressure you into signing a claim. Consult Sidhu Personal Injury Lawyers Edmonton first and get a free initial consultation.
Even if a later medical evaluation reveals more serious injuries, you will be bound by the terms of the release and unable to seek additional injury claims. Before agreeing to any personal injury claims, seek a personal injury law firm that can check the personal injury compensation.
When Can A Personal Injury Lawyer Edmonton Reopen a Claim?
While it is possible to reopen a personal injury accident case after a settlement, it does not happen very often. If you are considering reopening a case involving a motor vehicle accident, you should first seek the help of experienced personal injury lawyers in Edmonton.
Before the legal process, Alberta personal injury lawyers will look into your case and determine if it is worth pursuing another claim.
Clerical Error in Your Settlement Agreement
Although a minor typo may seem insignificant, even small clerical mistakes can have a major effect on your settlement. For example, if you and your lawyer agreed on a $20,000 settlement but the agreement mistakenly lists $2,000, you would clearly have legal grounds to address the error. If a mistake occurs during the drafting of your settlement agreement, you are entitled to have it corrected and, if necessary, reopen your case.
Responsible Party Doesn’t Pay
Settlement agreements or court judgments also outline the timeline for payment. For instance, if the at-fault party is required to pay you within ten days of signing the agreement and fails to do so, you may have grounds to reopen your motorcycle accident injury case. If an insurance company refuses to pay by ignoring calls and emails or delaying payment, the company should be held accountable.
Work-Related Accidents
For work-related injuries, such as occupational diseases, traumatic brain injuries, spinal cord injury, soft tissue injuries, catastrophic injuries, or fall accidents, or car accidents, it is possible to reopen a claim.
A reopened claim can generally be classified into two types by the Workers’ Compensation Board of Alberta:
- Continuation: This happens when a worker continues to experience problems from a compensable injury that has not yet fully healed or reached a medical plateau.
- Recurrence: This occurs when a worker develops increased physical impairment or disability, leading to temporary disability related to a previously compensable injury. This type applies when the injury was previously considered resolved, or the worker had reached a medical plateau at the time the claim was closed or inactivated.
Note: Although it is possible to reopen claims, this is not a common occurrence. The best approach is to double-check all details and hire experienced Edmonton personal injury lawyers to avoid errors.
Don't Sign Any Forms, Consult Sidhu Personal Injury Lawyers Edmonton For Legal Support
Before you sign any form, hire one of our lawyers. You can get a free consultation at your first meeting.
Our legal team guarantees that someone else’s negligence or wrongful act is fairly compensated. We will review whether the fair compensation suggested by the insurance company covers lost wages, lost income, pain and suffering, and more. Even if you are filing a claim for the wrongful death of a loved one, we can provide legal representation for any personal injury litigation to avoid financial burden.
Frequently Asked Questions
What is the financial impact of an injury?
Accidents can cause injuries that limit your ability to work or prevent you from continuing in your chosen career. This may result in a temporary loss of income lasting weeks, months, or years. At the same time, medical costs can quickly become significant, and many victims may have to cover some expenses themselves.Â
Should an injury victim contact a lawyer immediately after speaking with the insurance company, or wait to seek legal assistance later?
An injury victim of a truck accident or other fatal accidents should contact a lawyer as soon as possible, ideally before discussing the case law in detail with the insurance company. Early assistance can protect the victim’s rights, make sure that any communications with the insurer are handled correctly, and avoid potential pitfalls that could reduce fair settlement.
What’s included in a personal injury liability release agreement?
It specifies the settlement amount and how it will be paid, confirms that the claim is fully resolved, and includes a waiver preventing any future lawsuits related to the same incident. The agreement may also address any liens or third-party claims and states that neither party admits fault once it is signed.