Finality of settlement?

     Hi.  When an insurance company agrees to pay you a certain amount in settlement of your case, they will require that you sign what is known as a "Release of All Claims" form.  They will not disburse the settlement check until you sign this form.  By signing, you agree that you will release the other driver, and his or her insurance company, from all future liability.  Therefore, you cannot reopen the case.

     If your injury involves any possibility at all of long-term problems, or restrictions in your range of motion, the settlement value can be much higher.  Personal injury attorneys can usually provide an estimate of what you should ask for in the case, and, without knowing this, you can mistakenly settle for much less than what you are entitled to.  There are numerous issues that an attorney considers in determining how much the case is worth.  A few additional details would be needed to determine what your settlement range should be, and what needs to be done to maximize your compensation.  Did you miss any work due to your injuries?  What part of your body was injured?  Does pain bother you every day, or just sometimes?  I am a Missouri car accident attorney.  I can be reached via e-mail at mth2000@yahoo.com.  Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

The property damage is a separate claim from the personal injury aspect of your case.  Property damage is usually settled early in the case.  Don't settle your personal injury claim until you complete your medical treatment (are released by the doctor) and the nature and extent of your injuries are documented in the medical report(s).  If the medical report says that you will need future treatment, your settlement should include it.  Once your personal injury case is settled, you won't be able to reopen the case.  When the case is settled, you will sign a release of liability which will preclude you from reopening the case in the future.