After settling a personal injury claim, can I still recover medical costs from the other driver?

When the insurance company offers you a final financial settlement, it almost always requires you to sign a ‘Release of Claims’ document. This Release of Claims is a legally binding contract that states that you have legally released the other driver from responsibility to pay for any additional claims. Once that document is signed you cannot go back and ask for another financial settlement. If you did, your lawsuit would be dismissed immediately by the court.

It is for this reason that, if you are injured in an accident, you should seek legal counsel right away from an experienced personal injury attorney.  Don’t be fooled by the friendly insurance claims adjustor who seems to care about your plight. The adjustor’s real goal is to get you to accept a minimal settlement and sign a Release of Claims.  For this reason, it’s not uncommon for the insurance company to encourage or pressure you to accept a financial settlement in the early stages of your case – before you know the full extent of your injuries, length of recovery, and lost income.  If you take the bait and accept that settlement check, you likely have no legal recourse for more compensation. Remember, with nearly all premature settlements, your short-term gain usually results in long-term financial pain.

Contact us today for a free consultation if you’ve been in an accident and need an Idaho personal injury attorney. Craig Swapp & Associates is licensed in most Western states and handles a wide range of cases.

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