Settlement agreements are common in personal injury accidents. If you are in a car accident you may be contacted by an insurance company claims adjuster looking to settle the case. They will take your statement and assign fault to an accident. They will make an offer based on your medical bills and the statement of the parties and any other evidence that they can collect. You will sign a settlement statement in order to get your payment. If there are issues you are on your own.
Getting an attorney will help protect your interests and reduce the hassle for the injured party. It is best for you to focus on getting better, not trying to negotiate your settlement. Enforcement can be limited if the settlement happens before there is litigation, as most personal injury settlements will be. It may require filing a lawsuit if there is an egregious violation of the terms. However, if there has been litigation and then settlement before or after a verdict, the case can be reopened to enforce the agreement. An attorney will be able to negotiate the terms of the settlement in order to obtain the most value for an injured party.
Some people may seek to get out of their settlements. That is very difficult to do. Agreeing to bad terms is not enough to have it thrown out. Such contracts can be voided only if there be instances of fraud or misrepresentation. Basically the defendant would have to lie about a material part of the case, like how much money or insurance the defendant has to get you to agree to a reduced award.
Hiring an attorney can show the insurance company that you are serious and will, if necessary, seek to enforce the contract.
This article is for informational purposes only and is not to be construed as legal advice. Your case may be different. Hiring an attorney immediately will protect your rights. Consult an attorney in your area for further guidance.