What if My Injury Worsens After Settling a Claim?


It’s common to feel rushed to settle a personal injury claim after an accident. Bills start to pile up, daily life is turned upside down, and insurance companies often push people to reach an agreement quickly. But many injuries don’t show their full impact right away. Problems like whiplash, spinal issues, or brain injuries can take days or even weeks to appear. Knowing the full extent of your injuries and how settlements work can protect your future health and finances.

You Usually Can’t Reopen a Personal Injury Claim After Settlement 

Most personal injury settlements are meant to be final. Once you settle, you will almost always be asked to sign a document called a “release of liability.” This is a legal paper that says you give up any right to bring the same claim again, even if your injury gets worse or new problems show up. If you sign this release and accept a check, you generally cannot go back and ask the insurance company or the person at fault for more money later.

This is a step in the process that trips up many people. You may think you can renegotiate later if things don’t improve, but the rules almost never work that way. It is very rare to reopen a case once a settlement is signed and paid out. So before you sign anything or accept payment, it’s important to be sure you know the full extent of your injuries and possible future treatments. Contact an injury attorney in Los Angeles for help.

Exceptions to the Rule: When You Might Be Able to Reopen a Claim

There are very few situations in which a person might be able to reopen a claim once a settlement is accepted. The most common reason is if the insurance company engaged in fraud or acted in bad faith. 

For example, if the insurance company lies to you during the settlement process, you may be able to reopen your claim. This is uncommon, as you’d have to prove that they lied to you, which is difficult to do. However, it’s not impossible.

Warning Signs You’re Settling Too Soon 

It’s easy to feel rushed into accepting a settlement, especially when you just want to put the accident behind you. Here are some warning signs that you may not be ready to settle your claim: 

Pressure From Insurance Adjusters

If you are getting repeated calls and emails from the insurance company to sign paperwork right away, take a step back. Adjusters know that quick settlements usually save the company money. Their job is to close your case as soon as possible, sometimes before you know how bad your injury really is.

You Haven’t Seen a Specialist or Received a Final Diagnosis

Some injuries are tricky and require expert opinions to understand. If you’re relying only on an initial visit to the emergency room or your primary doctor, you might not have the full picture. Certain injuries, especially to the spine or brain, should be evaluated by specialists before you make decisions about settlement. 

You’re Still Undergoing Treatment

If you still need surgery, physical therapy, or regular follow-up care, your medical outlook is not clear. Settling before you finish treatment can leave you without the money you need for future care. Wait until you have a more definitive idea about your recovery and what it might cost. 

You Haven’t Returned to Work or Daily Activities

If you’re unable to get back to your job, school, or routines like shopping or picking up your children, your injuries may be more serious than you first thought. Don’t settle until you know how your injuries will affect your life and income long term. 

Trying to rush a settlement may give you short-term relief, but it can cause lasting problems later. If you have any questions about the value of your claim and whether it’s a good idea to settle, contact our work injury attorneys in Los Angeles to schedule a free consultation.