Hundreds of thousands of personal injury cases are filed each year in courts across the United States, with several thousand being filed in West Virginia each year. Personal injury cases are crucial in helping you obtain the financial relief you deserve after an accident or incident that causes damage to your person or property. Settling a personal injury claim outside of court provides a fast and more convenient way to bring a case to its proper conclusion, avoid even more costly legal fees, and provide an expedited way to obtain the funds you rightfully deserve. However, there are several pitfalls to avoid during the process. If you or your loved ones have been injured in an accident or incident in the state of West Virginia, contact Colombo Law today. Our attorneys are happy to assist you with any and all of your personal injury needs.
Generally, all personal injury settlements are binding contracts that cannot be reviewed once they are entered into. Every party is held accountable for the promises made in the signed document and must fulfill all of its terms. Typically, every personal injury settlement has language which prevents the injured party from obtaining any additional funds or rights to relief other than explicitly stated in the settlement agreement. This means that a party cannot appeal a valid settlement agreement. However, there are several exceptions to this rule, which include:
- If one or more of the essential terms are illegal. A court cannot enforce a settlement agreement that contains provisions that are illegal. You may also be able to invalidate the agreement if it was reached based on an illegal act.
- If there was fraud A court will not enforce a settlement agreement if one party engaged in fraud. The court may make a finding of fraud if a party intentionally misrepresented a fact or recklessly made a representation that deceived you. However, if the misrepresentation did not cause you to enter into the agreement, the court may overlook the fraud, as it did not induce you to enter an agreement.
- There was a mistake involved. If the parties enter into an agreement based on a mistake of facts, the Court may be able to change the terms of the agreement to reflect the parties’ intentions. However, where there is only one party alleging a mistake it becomes much harder to prove mistake of fact.
These examples are a few of the ways that a settlement agreement can be reviewed after it is entered into. If you have entered into a settlement agreement but need a personal injury attorney to review the terms, contact Colombo Law today. Colombo Law assists clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, Monongalia, Marion, Harrison, Preston, Taylor, and Lewis county.