Generally, a release agreement states that in exchange for one party getting money the other party is release from any lawsuit. Thus, once a release agreement is signed, it would generally be a defense to any case seeking additional monies for injuries stemming against the person release for the subject accident. In the case referenced in the question above, if the injured person has released the person that caused the accident by signing a release by the insurance company several days after the accident in exchange for money, generally it will be very difficult to get additional monies through a lawsuit as the person that caused the accident will have the defense of release.
A technique that some insurance companies use is that shortly after an accident they go to people’s homes and offer them some amount of money for their injuries. In my opinion, the problem with accepting monies at this early stage is that the injured person often times does not know the extent of their injuries or what the cost of the treatment that they are undertaking will be. Thus, generally, it is a good idea to seek the consultation of an attorney that is familiar with injury cases prior to accepting such an offer from the insurance company.
Of course, every case is different and has to be judged based on the specific facts. The advice in this blog is intended to be general and should not to be construed as specific advice for your case. The reason is that the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or country could vary significantly from Florida.
