Deciding to settle a personal injury claim might seem like the quickest path to relief. Many people understandably want closure, hoping a check from the insurance company will put the accident behind them. But a settlement often comes with consequences—can you still sue the other party if new injuries appear, or if the settlement wasn’t fair?
Virginia law sets strict limits on reopening claims, and these rules can mean the difference between recovering full compensation and facing unexpected costs. Tronfeld West & Durrett personal injury lawyers have guided injured Virginians through these decisions for over five decades, and in this article, we’ll help you understand your rights and options after settling a case.
What Does It Mean to Settle With an Insurance Company?
Settling with an insurance company means agreeing to accept a payment (often a lump sum) in exchange for dropping any future legal claims related to the incident. It’s an alternative to going to court and can save time and reduce stress, but it also comes with serious legal commitments.
The Basics of a Settlement Agreement
A settlement is a legally binding contract between you and the insurance company. It usually includes a release of liability, a clause stating you waive the right to sue the at-fault party in the future. Once you sign, your ability to pursue further compensation for the same incident is typically gone, even if new complications arise.
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Can You Sue After Accepting an Insurance Settlement in Virginia?
This is one of the most common questions our clients ask. In most cases, once you accept a settlement and sign a release, you cannot sue the at-fault party or the insurance company for more money related to the same accident.
The General Rule — No, You Usually Can’t
Under Virginia contract law, once you sign a settlement agreement, it’s considered final and enforceable. The release document typically states you’re giving up the right to bring any additional claims related to the incident. It’s a permanent decision, which is why it’s so important to make sure the settlement truly covers your past, present, and future losses.
When You Might Be Able to Sue Anyway
There are exceptions under Virginia law that could allow a lawsuit even after a settlement, including:
- Fraud or misrepresentation: If the insurer or defendant lied about critical facts or withheld important information.
- Coercion or duress: When someone forces or pressures you into signing the settlement.
- Being a minor or legally incapacitated: If you weren’t legally capable of entering into a contract at the time.
- Improper execution of the settlement agreement: When the legal paperwork wasn’t completed correctly, making the agreement invalid.
These exceptions are rare, but they can provide a path forward in specific circumstances.
Attorney David Durrett notes:
“One of the biggest mistakes I see is clients settling too soon because they’re worried about bills piling up. What they don’t realize is that once you sign a settlement agreement, you’re often signing away the right to come back later—even if your injuries turn out worse than you thought. In one of our cases, a client almost accepted a quick settlement for a few thousand dollars after a rear-end crash. We advised waiting for further medical testing, and it turned out she had a herniated disc that required surgery. We ultimately recovered six figures for her instead of the lowball offer. My advice: never rush a settlement. Make sure you know the full extent of your injuries and financial losses first.”
What Happens If You Discover New Injuries After a Settlement?
It’s not uncommon for accident victims to feel fine right after the incident, only to discover serious injuries weeks or even months later. This is one of the biggest risks of settling too quickly.
Why This Happens Often
Some injuries, like whiplash, internal bleeding, or traumatic brain injuries, may not show symptoms right away. Pain and limitations can worsen over time, and medical costs may escalate well after the settlement check is deposited.
Can You Reopen the Claim?
In most cases, no. Once you’ve signed a release as part of your settlement, you usually can’t reopen your claim, even if your condition worsens. That’s why it’s crucial to wait until you know the full extent of your injuries before agreeing to any settlement.
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How to Protect Yourself Before Settling a Claim
Settling a claim can have lifelong consequences, and you should approach it cautiously.
Never Sign a Release Without Legal Advice
Insurance companies often ask victims to give recorded statements early in the claims process. These statements can be used against you later to deny or minimize your claim, so it’s crucial to consult an experienced attorney beforehand.
Companies may also push for a fast settlement, hoping you’ll accept a low offer before you realize the true value of your damages. Once you sign a release, your right to sue is extinguished in most situations, leaving you with no legal recourse if unexpected costs arise.
Work With a Personal Injury Attorney
A skilled attorney from Tronfeld West & Durrett can help you:
- Understand the value of your case: Assess both current and future costs, including medical bills, lost wages, and non-economic damages like pain and suffering.
- Identify long-term costs and damages: Spot injuries or financial impacts that may emerge down the line.
- Negotiate a fair and full settlement: Push back against lowball offers from insurers.
- Prevent you from unknowingly giving up your right to additional compensation by signing an unfair settlement.
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Virginia Laws That Impact Your Rights to Sue
We’ve seen cases where injured people lost their right to any compensation because they didn’t know about the two-year deadline or how even a tiny share of fault could bar them from recovery altogether.
Virginia’s laws are strict and sometimes unforgiving. Before you sign anything or let too much time pass, it’s crucial to know how the rules could shape your case and protect your right to fair compensation
Statute of Limitations
According to the statute of limitations for personal injury claims in Virginia Code § 8.01-243, you have two years from the date of your injury to file a lawsuit in most cases. Exceptions may apply, such as cases involving minors, fraudulent concealment of injuries, or medical malpractice with delayed discovery.
Contributory Negligence Rule
Virginia follows a strict contributory negligence rule, meaning that if you’re even 1% at fault, you could be barred from recovering damages entirely.
This differs significantly from the comparative negligence standard used in many other states, where partial fault still allows partial recovery. It’s another reason why strong legal representation is crucial to protect your rights and avoid unjust blame.
Talk to a Virginia Personal Injury Lawyer Before You Settle
Tronfeld West & Durrett has recovered millions in verdicts and settlements for injury victims across Virginia, as seen in our case results. Our team understands how devastating an accident can be—and how critical it is to make informed decisions before settling with an insurance company.
Before you sign away your rights, speak with an experienced Virginia personal injury attorney who can evaluate your claim, identify hidden costs, and negotiate for the compensation you truly deserve. Contact us today for a free consultation. There’s no fee unless we win your case.
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