Car accidents can lead to life-altering injuries, and while the legal process might help you recover damages, complications arise if your injuries worsen after a settlement. In Georgia, as in most states, settlements are generally considered final. Understanding your rights and the legal implications of worsening injuries is critical. This article will guide you through the potential challenges, relevant Georgia laws, and steps to take if your condition deteriorates after a car accident settlement.
Understanding Car Accident Settlements in Georgia
When you accept a car accident settlement in Georgia, it typically represents a binding agreement between you and the party responsible for the accident (or their insurer). Settlements are intended to compensate for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
By signing a settlement agreement, you usually waive the right to pursue additional claims related to the accident. In Georgia, this includes signing a release of liability, which bars further legal action against the at-fault party for injuries or damages arising from the same incident.
While settlements are meant to provide closure, this can become problematic if injuries worsen unexpectedly. For instance, a neck injury that seemed minor at the time of settlement may later require surgery or ongoing therapy. Unfortunately, most settlements do not account for such developments unless explicitly included in the agreement.
Why Do Injuries Worsen After a Settlement?
Injuries can worsen after a settlement for several reasons:
- Delayed Symptoms: Injuries such as whiplash or herniated discs may take weeks or months to show their full severity.
- Improper Diagnosis: Initial medical evaluations may overlook certain injuries, especially those requiring advanced imaging or specialist assessments.
- Complications: Injuries can lead to secondary issues like infections, scar tissue buildup, or nerve damage.
- Rehabilitation Strain: Physical therapy or returning to work prematurely might aggravate an existing injury, leading to new or worsening symptoms.
When these issues arise post-settlement, you may face unanticipated medical expenses and a prolonged recovery period that your original settlement did not account for.
The “Release of Liability” Clause in Georgia
The release of liability is a standard provision in Georgia car accident settlements. By signing it, you agree not to pursue further claims against the at-fault party. This release typically applies even if your injuries worsen or new evidence emerges regarding the extent of your injuries.
However, there are rare exceptions where a settlement might be challenged, such as:
- Fraud or Misrepresentation: If the other party concealed critical information or acted dishonestly during settlement negotiations.
- Coercion or Duress: If you were pressured into accepting the settlement unfairly.
Challenging a settlement in Georgia is complex and requires strong evidence of wrongdoing or extraordinary circumstances.
Steps to Protect Yourself Before Settling
If you have not yet finalized your settlement, taking proactive measures can help safeguard your rights in case injuries worsen:
- Seek Comprehensive Medical Evaluations: Ensure all injuries are thoroughly evaluated and documented by medical professionals, including specialists if necessary.
- Account for Future Medical Costs: Work with your healthcare providers to estimate potential long-term treatment costs and include these in your settlement negotiations.
- Avoid Rushing the Process: Resist the urge to settle quickly; take the time needed to understand the full scope of your injuries.
- Negotiate for a Structured Settlement: Consider periodic payments, which can provide financial security if complications arise later.
- Include a “Reopener” Clause: Although rare, some settlements include provisions allowing claims to be revisited under specific conditions, such as the discovery of new injuries.
What to Do If Your Injuries Worsen After Settlement
If you have already settled your case and your injuries have worsened, options are limited but not entirely unavailable. Here are some steps you can take:
- Document Your Condition: Consult medical professionals to diagnose and document the worsening of your injuries. Obtain detailed medical records.
- Review Your Settlement Agreement: Carefully examine the terms of your settlement to identify any possible exceptions or ambiguities.
- Consult an Attorney: An experienced Georgia personal injury attorney can evaluate whether grounds exist to challenge the settlement, such as fraud or coercion.
- Explore Other Compensation Options: If a third party contributed to your injuries (e.g., a defective vehicle part), you may still pursue claims against them.
- Seek Disability or Insurance Benefits: If your worsening condition affects your ability to work, consider applying for Social Security Disability benefits or reviewing your own insurance coverage for additional compensation.
Georgia Laws and Legal Considerations
In Georgia, it’s difficult to modify a settlement once it is signed. Courts typically enforce the release of liability clause unless there is compelling evidence of fraud or duress.
However, Georgia also upholds the principle of good faith and fair dealing in settlement negotiations. If the responsible party or their insurer acted dishonestly, you may have grounds to contest the agreement. Examples include concealing evidence, misrepresenting policy limits, or providing false information about liability.
Additionally, Georgia’s comparative negligence rule may impact your case. If your own actions contributed to the worsening of your injuries (e.g., failing to follow medical advice), it could complicate efforts to seek additional compensation. However, injuries that worsen due to factors beyond your control are treated differently under the law.
Atlanta Car Accident Injury Lawyer
If you’re dealing with worsening car accident injuries and need guidance, it’s essential to explore your legal options. While settlements are usually final, an experienced attorney can help you understand whether exceptions apply and explore alternative sources of compensation.
At Butler Kahn, our car accident lawyers understand the complexities of personal injury cases and are dedicated to helping victims navigate their legal rights. If you’re facing worsening injuries, contact Butler Kahn by calling (678) 940-1444 or contacting us online for a consultation. Let us help you secure the justice and support you deserve.
