What if an Injury from a Personal Injury Case Shows Up Years After the Accident?

If an injury from a personal injury case shows up years after the accident, your options will significantly depend on whether you have settled your case or if it’s still pending. That being said, to file a successful personal injury claim, having a Georgia personal injury attorney working on your case is vital to ensuring you recover maximum compensation for your injury.

Attempting to deal with your case on your own can leave you vulnerable to unscrupulous insurers who will try to minimize your payout or deny your personal injury claim.

If You Have Settled Your Personal Injury Case

You generally can’t reopen a personal injury case that you’ve settled. Upon receiving compensation from the insurance company, and after signing a release of liability, you have officially settled your claim. This means that you have signed away your legal rights to pursue more compensation in the future. Thus, it is vitally important not to enter into a “quick settlement” while you are still injured and being treated for your injuries. You should not entertain any settlement until after you have reached maximum medical improvement and received all appropriate medical care.

Still, it’s best to consult with a Georgia personal injury attorney to be sure.

If You Have Not Settled Your Personal Injury Case

If you have yet settled your personal injury case for whatever reason, seek medical attention for your injury right away and then inform your Georgia personal injury lawyer. From there, your lawyer will review your case and take into account the additional losses and damages you have suffered for the injury. Be prepared to wait as long as necessary for you to be medically made whole before your lawyer moves forward with any type of settlement.

Once your attorney believes your personal injury claim can be settled, they’ll send a demand letter to the liable party’s insurer, which details your claim, including the damages and compensation amount you’re seeking. You should know that your attorney will not send a demand or file a personal injury lawsuit until you’ve reached MMI or maximum medical improvement, which is when you’ve recovered from your injury and getting more treatments that will not improve your condition. That’s because you won’t know the value of your claim until you’ve reached MMI.

After receiving your demand, the insurer will typically respond with a settlement offer. However, insurers are known to make lowball counter-offers. At this point, your Georgia personal injury attorney will negotiate with the insurer to make sure that you get the money to cover all your accident-related expenses and losses. While many personal injury cases settle and don’t reach the litigation stage, your attorney will be prepared to fight for your rights in court if the insurer doesn’t want to pay full compensation for all of your injuries and damages.

Talk to Our Experienced Georgia Personal Injury Attorneys

If an old injury from a personal injury case comes back to haunt you, you may still be entitled to compensation. Don’t ignore it and contact our Georgia personal injury attorneys right away. They can evaluate your case to figure out how to move forward based on your specific situation. Arrange your free case consultation with the Georgia personal injury attorneys at Banks, Stubbs & McFarland by calling our office at 770-887-1209 or filling out