What happens if my injury worsens after I settle my premises liability claim?

Injured Woman With a Sore KneeUnfortunately, you may not have any options if you discover that your injuries are more severe than you thought when you settled your premises liability claim. That is one of many reasons you should retain an experienced premises liability lawyer before reaching a settlement with the insurance company.

What Happens If You Have Settled Your Claim Before Discovering Your Injuries Have Gotten Worse?

If you agreed to settle your claim and signed a Release of Claims form, which you would have to sign before the insurance company sent you your check, you would have agreed that your settlement is a final resolution of your claim. You could not reopen your case and file a claim for additional compensation if you later discovered that your injuries had worsened.

When Can You Reopen a Premises Liability Claim?

There are a few situations where you may be able to obtain additional compensation after settling a claim:

  • No signed agreement. If you agreed to settle your claim but have not signed the release of claims form, you may be able to get out of your agreement with the insurance company.
  • Breach by the insurance company. You may also be able to seek additional compensation if the insurance company failed to perform their obligations to pay you under the terms of your settlement.
  • Other liable parties. If there are other liable parties, you may be able to pursue a claim against them. For example, if the business where you fell was renting their commercial space, you may also have a claim against the property owner.

Were you hurt in a premises liability accident in Virginia Beach or Norfolk? Our dedicated premises liability lawyers can collect the evidence you need to win your case and fight with the insurance company so that you receive all the compensation you deserve for your injuries under Virginia law. Contact our Norfolk office at 757.625.1214 or complete our online form to schedule your free initial consultation today.