What if I’m Still in Pain After Settlement?

A settlement of a personal injury claim brings closure, but what if you are still in pain after a settlement? You can be quite overwhelmed by it and start to question yourself if the received settlement addressed all facets of your injury. The truth is that there is something you can do about chronic pain, and we at Schmidt & Salita Law Team want to help shepherd you through the process.

Although most settlements contain language that restricts further legal recourse, that does not mean you have no options when your pain persists. Knowing your settlement agreement, seeking medical opinions, and understanding the exceptions may give you back control of your situation.

What Can I Do if I’m Still in Pain After Settlement?

Seek Medical Attention

Seek immediate care from a healthcare professional. Persistent or worsening pain may indicate that injuries, such as nerve damage or other conditions related to chronic pain, were not diagnosed at the time of the injury. A medical evaluation will help determine your current health needs and future treatment.

Understand Liability and Damages

As the American Bar Association explains, every tort claim – whether negligence, strict liability, or an intentional action – has two pivotal questions: liability and damages. By understanding these concepts, one will understand whether your ongoing pain is explained by your initial claim, or if there are further options for legal intervention.

Review Your Settlement Agreement

Many settlement agreements include language that releases the liable party from any further liability. The details of your agreement may dictate whether your continued pain was included or if there are any exceptions that could be applied.

Document Everything

Keep detailed records of your symptoms, medical treatments, and how your condition impacts your daily life. These records can be crucial if legal exceptions apply and further action is necessary.

See a Lawyer

A personal injury lawyer can assess your case, explain your rights, and verify whether any exceptions exist. Legal expertise will be worth its weight in gold in post-settlement issues.

Can I File a New Lawsuit After Settling?

Normally, no. In accepting a settlement, you normally sign a release which includes giving up the right to file further claims arising out of the same injury. Therein lies the closure for all parties.

Nevertheless, there are a few exceptions to that rule. A new claim would be possible regarding claims for new injuries not covered or significantly impacting the original case or those based on fraud. The statute of limitation on injury-related lawsuits has the same deadlines and limitations. Consumer Notice states these time limits for filing vary based on your location and the specific type of injury you suffered between a year and up to six. Similarly, failing to act fast will cost one the right.

Are There Any Exceptions to The Rule?

Yes, but they are rare and specific.

New or Undiagnosed Injuries: If your pain results from injuries not covered in the original settlement, you might be able to pursue further action. For instance, chronic conditions or nerve damage diagnosed later may fall outside the scope of the agreement.

Fraud or Misrepresentation: If the settlement was based on false information or the other party withheld critical details, you could challenge the agreement.

Mutual Mistake: Where it is a situation of both parties being mistaken concerning the extent of injury or terms of settlement, then relief shall be granted by the court. For example, a long-term injury not anticipated or a condition severity underestimated at the time of settlement could qualify as a mutual mistake. It requires specific proof, like additional medical reports, to show how the misapprehension had a drastic effect on the contract. While rare, this exception provides an opportunity to revisit the settlement if new information changes the case’s scope.

Changes in Law: Sometimes, the change in statutes or precedents in law can affect how settlement agreements are interpreted. For instance, new rulings may redefine compensation criteria for long-term injuries or pain and suffering. It is at this point important to consult an attorney in Minnesota as to whether recent legal developments could apply to your case and provide grounds for further action.

Need Legal Assistance? Contact Schmidt & Salita Law Team

If you’re still in pain after settlement and unsure of your options, the Schmidt & Salita Law Team is here to help. Based in Minnetonka, MN, we specialize in personal injury law and can guide you through your rights and potential next steps. Call us at (952) 473-4530 to schedule a consultation.