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Pike & Lustig, LLP. We see solutions where others see problems.

Is it Possible to Re-Open a Truck Accident Injury Settlement in Florida?

Jesse Fulton

According to data from the Florida Highway Safety and Motor Vehicles (FLHSMV), there are around 35,000 eighteen wheeler accidents reported in the state each year. Following a crash with a large truck, you have the right to seek an insurance settlement that documents your damages. You need to get that settlement right. In Florida, it is extremely difficult to re-open a truck accident settlement. Here, our Miami big rig accident attorney highlights key points to know.

Truck Accident Settlements are Presumed to Be Final Once they are Signed 

Here is the key point: Truck accident injury settlements are final. When a truck accident injury settlement is signed by both parties in Florida, it is legally binding. That means that both sides—the victim and the defendant/insurer—are generally bound by the terms of the settlement agreement. Once you sign a release, you typically forfeit your right to pursue additional compensation, even if your injuries later worsen or new costs arise. By signing an agreement, you will generally be required to release all claims that you have against the other party (defendant and insurer) related to the truck accident.

 You Cannot Re-Open a Settlement Simply Because You Need Additional Care 

Recovering physically and mentally from a serious truck accident is complicated. It can be a long process. Some victims find that their medical needs evolve over time. However, unfortunately, Florida law does not allow settlements to be reopened simply because you discover you need additional care or treatment. A personal injury settlement in a truck accident case is final. It is designed to account for both current damages and anticipated future needs. You must negotiate full and fair financial compensation upfront.

 Know Very Narrow Exceptions that Allow for a Settlement to Be Re-Opened

 Although rare, there are limited circumstances under which a truck accident settlement in Florida may be reopened. Fraud, misrepresentation, or coercion during the settlement process could provide grounds to challenge the agreement. For instance, if an insurance company intentionally withholds key information, a court might deem the settlement invalid. The exception is narrow.

The Bottom Line: You should not rely on the fact that you will be able to re-open your truck accident injury settlement and negotiate for additional financial compensation. It is very difficult to do so. Make sure that you get your settlement right the first time. A top-tier Miami semi-truck accident lawyer can review a settlement and negotiate for additional compensation.

 Set Up a Free Case Review With a Miami Eighteen Wheeler Accident Attorney

At Pike & Lustig, LLP, our Miami eighteen wheeler accident lawyers fight aggressively to protect the rights and the interests of the people who need help the most. If you have any questions or concerns about an eighteen wheeler crash, we are here to help. You need the most favorable settlement. Contact us at our Miami law office or West Palm Beach office today for a free case review.

Source:

flhsmv.gov/resources/crash-citation-reports/

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