Can You Reopen a Truck Accident Injury Settlement?
Getting into any type of crash is stressful—especially so if the other vehicle is a large commercial truck. Following a crash, you need compensation to pay your bills and cover your damages. That can come through a personal injury settlement. It is crucial to get your personal injury settlement right the first time because it can almost never be reopened. Here, our West Palm Beach semi-truck accident lawyers explain the key points to know about your ability—or lack thereof—to reopen a truck accident personal injury settlement in Florida.
A Personal Injury Settlement Generally Includes a Release of Claims
Most truck accident injury claims in Florida are resolved through a settlement instead of a jury verdict. While litigation does sometimes happen in more complex and highly disputed cases, settlements are far more common. Here is a key thing for injured victims to know:
- When you settle a personal injury case, such as a truck accident injury claim, the agreement typically includes a release of claims.
In other words, the settlement document will likely include language that states that you agree not to pursue any further legal action against the at-fault party related to the accident. By signing the release, you relinquish your right to sue for additional compensation.
A Truck Accident Settlement is Final—Can Only Rarely Be Reopened
A truck accident settlement agreement is almost always final. As a general matter, it cannot be reopened. Even if you discovered that your injuries are worse than you thought, you likely cannot reopen your truck accident settlement in Florida to seek additional compensation. Do not agree to a settlement with plans on reopening it in the future. A settlement should always be viewed as final.
Reopening a settlement is extremely rare and typically only possible under exceptional circumstances. These might include instances of fraud, coercion, or material misrepresentations. Put another way, you essentially have to prove that the trucking company or the insurance company defrauded you to get you to sign the settlement to be eligible to reopen it. It is very unusual.
You Need to Make Sure Your Settlement Covers the Full Scope of Your Damages
Before agreeing to a truck accident injury settlement, it is imperative that you ensure that the compensation offered fully addresses all your current damages and your future damages. Along with other things, this includes:
- Property damage;
- Medical expenses;
- Physical rehabilitation costs;
- Lost wages;
- Loss of earning capacity;
- Pain and suffering; and
- Long-term disability.
Speak to Our West Palm Beach Tractor Trailer Truck Accident Attorney
At Pike & Lustig, LLP, our West Palm Beach truck accident lawyers are always prepared to invest time and resources into every case. We firmly believe that the best interests of our clients should take the top priority. If you were hurt in a crash, please do not hesitate to contact us today for a free, no obligation case review. We represent big rig accident victims throughout South Florida, including in West Palm Beach, Jupiter, Palm Beach Gardens, Fort Lauderdale, Miami, and Miami Beach.
