Can You Sue for More After Accepting a Settlement?

Question from Ricky Fairfax, Can You Sue for More After Accepting a Settlement?

Answer from AI:

When a settlement is reached in a wrongful death case, such as the unfortunate accident involving your father, it typically involves a legally binding agreement between the parties. This agreement usually stipulates that in exchange for receiving a certain amount of money, the plaintiff agrees to release the defendant from further liability. Here’s what this generally means in your situation:

Understanding Settlement Agreements

Settlement agreements in wrongful death cases are designed to provide closure to legal disputes by having the parties agree to a resolution without a trial. When your father’s wife accepted the $30,000 settlement, she likely signed a release form. This form typically includes language that prevents the plaintiffs from pursuing any further legal claims related to the incident against the defendant.

Is Reopening a Settled Case Possible?

Generally, once a settlement is agreed upon and signed, it is final. Here are key points to consider:

• Finality: Settlement agreements are meant to provide a final resolution. Courts typically uphold the finality of a settlement to ensure that legal disputes are conclusively resolved, promoting judicial efficiency.
• Release of Claims: The release form that accompanies a settlement agreement usually includes a comprehensive release of all claims related to the incident, whether known or unknown at the time of the settlement.
• Exceptions: There are very limited circumstances under which a settlement might be reopened, such as fraud, duress, or a mutual mistake. However, these exceptions are rare and difficult to prove.

Steps to Consider

If you believe there were unusual circumstances around the settlement agreement, such as coercion or significant misunderstanding of the facts or rights, here are some steps you might consider:

1. Review the Settlement Documents: Look closely at the terms of the settlement agreement and the release form. Understanding the exact language and conditions can provide insight into any potential avenues for action.
2. Consult a Lawyer: Speak with a legal professional who can provide advice based on the specifics of your case. They can help determine if there is any legal basis to challenge the settlement.

Legal Advice and Further Actions

While the information provided here outlines general guidelines, wrongful death settlements can involve complex legal issues that are specific to the circumstances of each case. Consulting with a legal professional who specializes in wrongful death or personal injury law can provide guidance tailored to your particular situation.

For more information on wrongful death claims and settlements, you might find the resources at the American Bar Association helpful.

In summary, while the desire to seek further compensation is understandable, especially in light of the tragic circumstances, the legal ability to reopen a settled case is typically very limited. Legal advice is crucial in exploring any possible options.