Experiencing a worsening of your injury after receiving a settlement for an accident can be worrying and frustrating. However, it’s important to understand your legal options if this occurs. This article will cover key considerations around what happens if my injury gets worse after receiving my settlement and the steps you can take to protect yourself.
Assessing If Your Injury Has Worsened
The first step is to meet with your doctor to evaluate whether your condition has objectively worsened. Symptoms like increased pain or reduced mobility alone may not be enough to prove exacerbation without medical evidence.
Your doctor can perform tests and exams to compare your current state to your condition at the time of settlement. New diagnostic scans, measurement of reduced function or strength, and documentation of symptoms like numbness or tingling can help substantiate the progression of the injury.
Be sure to get copies of all test results and clinical notes showing the worsening to support your case. Detailed medical records will be key evidence if you need to take further legal action.
Notifying the Insurance Company
Once you have confirmation from your doctor that your injury has worsened, the next step is to inform the insurance company that initially settled your claim. Get in touch with the adjuster who handled your case and provide notification in writing that your condition has deteriorated.
Include copies of supporting medical records and a demand for additional compensation for increased costs and losses. Be specific about the amount you are seeking and how you arrived at that figure. Reasonable documentation like receipts for new medical expenses can help support the requested amount.
The insurance company may initially deny the request, but getting it on record is important for establishing a timeline if you need to take legal action. Having proof that you attempted to resolve it directly with them can strengthen your case down the road.
Consulting Your Lawyer About Options
If the insurance provider is unresponsive or refuses additional payout, your next step is to consult the personal injury lawyer San Jose CA who represented you in the original injury claim. Even if the settlement is already finalized, you still have legal options if the injury provably worsens later on.
An experienced personal injury attorney can help determine the strongest legal strategies based on the specifics of your settlement agreement and state laws. Common options can include:
- Filing a motion to set aside the settlement: If the worsening of the injury indicates the original payout amount was insufficient, your lawyer may be able to file a motion arguing the settlement should be set aside or modified.
- Pursuing a new injury claim: In some cases, it may be possible to file a new injury lawsuit if the worsening is significant enough to be considered a new or distinct injury.
- Negotiating a new settlement: Your lawyer may be able to negotiate a new settlement with the insurance company, especially if the worsening can be causally linked to the original accident and injury.
- Seeking reimbursement for new medical costs: You may be able to recover at least new medical expenses related to the exacerbation of the injury, even if the original settlement remains unchanged.
An attorney familiar with your case can advise if any of these options may be feasible and worth pursuing based on the specific circumstances.
Considering a New Lawsuit as a Last Resort
If other resolution attempts fail, filing a new personal injury lawsuit is an option to compel the liable party to provide additional compensation. However, you would need strong evidence that your injury meets the legal standard for being considered new or distinct.
Factors courts may consider include:
- Clear worsening of symptoms: There must be objective medical evidence showing tangible exacerbation of the injury.
- Substantial increased impairment: The worsened condition must significantly impair daily function and quality of life beyond the original injury.
- New or increased treatment: Requirement for significant new medical treatment, procedures or medication regimens may support an exacerbated injury.
- Causal link: There must be a provable causal connection between the exacerbation and the original accident and injuries. Pre-existing conditions or intervening events could weaken the case.
- Time elapsed: Courts tend to be wary of conditions worsening long after case resolution. A new injury claim is more feasible within 1-2 years after settlement.
Proceeding with a new lawsuit is complex, time-consuming, and uncertain, so most people pursue all other avenues first. But the option exists if your attorney believes you have a strong enough case.
Don’t Delay Taking Action
The key takeaway is not to delay in seeking experienced legal guidance if your injury worsens post-settlement. The sooner you collect medical evidence and contact your San Jose personal injury lawyer and insurance company, the more legal leverage you will have.
Letting too much time elapse can weaken your ability to reopen your claim or file suit. Acting promptly is critical, so contact your doctor and lawyer right away if your condition regresses.
Understanding the Settlement Agreement
Before taking any action, be sure to review your original settlement agreement thoroughly. The details and fine print may impact your options and legal standing if trying to obtain additional compensation.
Key factors to understand include:
- Release of liability clauses: Settlements often contain clauses stating that acceptance releases the other party from further claims related to the accident or injuries. This doesn’t necessarily bar legal action for worsening, but the language needs careful analysis.
- Medicare obligations: If Medicare was involved, worsening of the injury could implicate reporting requirements and repayment obligations from any new settlement.
- Scope of injuries covered: Review what specific injuries or conditions were contemplated in the original agreement. Exacerbation of a new or unrelated issue may have more legal merit.
Having a full grasp of the settlement terms allows your lawyer to make an informed assessment of the best legal strategies to employ if pursuing additional damages.
Consulting a New Attorney
If your original attorney is unable or unwilling to represent you in reopened proceedings, consult a new personal injury lawyer. Finding someone experienced with post-settlement injury exacerbation claims is ideal to maximize your chances of success.
Provide them with a complete copy of your prior settlement agreement, medical records from before and after the settlement, and documentation of your attempts to resolve it with the insurer. This will allow the new attorney to fully evaluate the merits of your potential case.
Get Legal Help if You’ve Been Hurt
Suffering the effects of an accident is difficult enough without having to worry about worsening health issues and financial impacts down the road. The legal team at Karns & Karns Personal Injury and Accident Attorneys is here to help if you’ve faced a setback after settling your claim. Call 800-4THE-WIN (800-484-3946) or visit our website for a free case evaluation. Our experienced personal injury attorneys will carefully assess your situation and help you understand your best path forward to fair compensation. Don’t go it alone – contact us today to schedule your free consultation.
