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In Arizona, if you sign an accident settlement agreement that includes a release clause, you won’t be able to appeal or change the terms after the fact. That said, there are certain special circumstances (e.g., fraud, coercion, and legitimate mistakes) when a settlement can be renegotiated.
If you feel that you have grounds to appeal an accident settlement, meet with a reliable personal injury lawyer in Phoenix who can help you evaluate your circumstances and determine if you have grounds to reopen a settlement agreement.
In general, once an accident settlement is signed, it is legally binding, and terms cannot be changed. However, if you have evidence of misconduct or a mistake that was made, you may be able to convince a court that you have the right to appeal.
Here are some possible reasons a court will allow an agreement to be revisited. These situations are rare, but they can happen:
| Misdeed | Explanation | Examples |
|---|---|---|
| Fraud | When a party intentionally hides or misrepresents evidence or critical facts that would have changed the course of the negotiations in your favor | The insurance company or at-fault party never had the means or never intended to pay the agreed-upon settlement amount.
False statements were made during negotiations. Someone forges a signature. Evidence of fault was not shared. |
| Coercion | When a person is pressured or forced to sign an agreement against their will | The insurance company purposefully drags its feet so you miss filing deadlines and are forced to accept a low offer rather than forfeit your rights.
A third party threatens a family member to pressure you to settle. |
| Mistakes are made | When all parties to the agreement missed a piece of evidence or were wrong about a material fact that impacted the settlement terms | The settlement amount was miscalculated.
There was a procedural or clerical error that affected the settlement process or made the agreement unenforceable. |
A court will not grant a request to appeal an accident settlement if you simply changed your mind about the upside of a trial versus a settlement in accident cases, the success rates for accident settlements versus going to trial, or realized that your injuries are more extensive than you originally thought.
Rather than accept a deal that makes you feel like you were shortchanged, work with an attorney from Gage Mathers to ensure that an accident settlement contains everything you need. An experienced attorney will ensure you get the compensation you deserve and that it covers all potential long-term loss of income, medical expenses, and living needs.
If you’ve already signed an accident settlement, we will give you our honest professional opinion about whether your circumstances justify going to court and appealing the accident agreement or pursuing other legal pathways. Because it’s so difficult to overturn a settlement agreement in Arizona, turn to the team at Gage Mathers to negotiate for a fair settlement before you sign any agreement!
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