When settling a client’s case, I often get asked if the settlement is final and if so, what recourse does the client have if he or she needs medical treatment post-settlement. The answer is that, yes, a settlement is final and once a case is settled it cannot be reopened, regardless of your need for future treatment.
Because a settlement is final, I always advise my clients to not settle their cases until they are done treating and have been officially discharged by their treating doctors. While it’s understandable that a client wants his case closed and be able to move on, it’s also important to get the necessary treatment and make sure your body has properly healed before you accept any settlement from the insurance company.
It is better to wait a few extra months than to settle your case prematurely and continue to have pain down the road that you cannot afford to see a medical professional for and for which the insurance company will not compensate you.
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