It’s not unusual for new pain or medical symptoms to appear days or even weeks after a car accident. This becomes especially concerning if you’ve already signed a settlement and officially closed your claim. Many people in West Virginia ask if they can reopen a case when injuries show up later or are worse than expected.
This guide explains how settlements work, why delayed injuries occur, and the rare situations in which a closed claim might be challenged. If you’re unsure what your settlement includes or how new symptoms may affect it, West Virginia car accident lawyers can help you understand your options before taking your next step.
Some car accident injuries are apparent right away. Others emerge slowly as inflammation develops or adrenaline wears off. This is common with soft tissue injuries, disc damage, concussions, and nerve issues. These delayed symptoms can appear days or even weeks after the crash.
Latent injuries after a car accident often include conditions such as:
These common patterns are why delayed injuries in car accident cases are frequently reported in medical records. They also show why settling too early can cause problems if new injuries appear after the settlement.
Once you agree to a settlement, the insurance company typically requires you to sign a release of liability form. This document closes the claim and prevents any future requests for additional compensation, even if new injuries show up after the settlement.
In West Virginia, most settlement releases are legally binding contracts. Once signed, they typically prevent reopening a car accident claim, even when new injuries appear later.
Releases often state that you are giving up the right to pursue compensation for both known and unknown injuries. This is why accident settlement finality is one of the strongest features of car accident settlement rules.
Although settlements are designed to be final, there are limited exceptions. A claim may be challenged only under specific legal grounds. New injuries after settlement are not enough on their own. A reopening requires proof that the original settlement was legally flawed.
New injuries alone are not enough to reopen a closed claim. A valid legal reason, such as fraud, misrepresentation, or mutual mistake, must be proven.
These exceptions are narrow, and courts apply them carefully. They are meant to protect fairness, not to allow a second chance simply because symptoms worsened later.
Under West Virginia contract principles, settlement agreements are binding unless invalidated for a legally recognized reason. The courts treat a release of liability like any other contract. This means the deal stands unless the signing process itself was compromised.
A release of liability generally covers both known and unknown injuries, which limits the ability to reopen a claim unless the agreement itself was fundamentally defective.
A new diagnosis after settlement does not, in itself, qualify as a mutual mistake. The key question is whether the injury existed at the time of settlement and whether both sides reasonably believed the information available was complete.
Discovering delayed medical symptoms after a car accident settlement is stressful. The next steps should focus on medical clarity and documentation.
Seek a medical evaluation to understand the cause of your symptoms. Review your settlement documents to see what type of release was signed. Some releases are broad, while others give very narrow protection.
Understanding how your symptoms developed can help you better interpret whether any exceptions could apply in your situation.
Most people want to resolve their claim quickly, but rushing can lead to long-term issues when delayed injuries appear.
It is usually helpful to:
Waiting until medical treatment is stable can reduce the risk of discovering significant injuries after settlement. Once the release is signed, requesting additional compensation is extremely difficult.
|
Scenario / Condition |
Can It Be Reopened? |
Reason |
| New injuries after settlement | No | Release covers unknown injuries. |
| Mutual mistake of fact | Possible | Both sides lacked key information. |
| Fraud or misrepresentation | Possible | Settlement based on hidden or false facts. |
| Coercion or duress | Possible | Agreement signed under improper pressure. |
| Clerical error | Possible | Administrative mistake affecting terms. |
| Worsening of known injury | No | Increased severity is not enough. |
| Later diagnosis | Rare | Only when tied to fraud or mutual mistake. |
No. New injuries or symptoms alone are not enough to reopen a claim. A challenge is only possible when fraud, mutual mistake, coercion, or another valid legal issue is involved.
Some injuries take time to develop. Swelling, soft tissue damage, or hidden trauma may not be obvious right after an accident. Symptoms can show up days or even weeks later.
A release of liability ends the claim completely. Once signed, it prevents you from seeking additional compensation for both known and unknown injuries related to the accident.
If the insurer withheld key facts or provided misleading information that affected your decision to settle, this may be considered fraud or misrepresentation, which can justify challenging the agreement.
Yes, but only in minimal situations. A settlement may be voided when there is clear evidence of fraud, mutual mistake, coercion, or a similar issue affecting the validity of the agreement.
No. A change in severity or worsening of an existing injury does not meet the legal standard for reopening a settled claim unless tied to a valid contractual or legal defect.
Most West Virginia car accident settlements are final once you sign the release. It can be frustrating when new injuries appear later, but only limited legal exceptions allow a case to be reopened. Knowing how delayed injuries happen, reviewing your settlement papers, and understanding release forms can help you avoid issues later on.
If you are experiencing unexpected symptoms or have concerns about how your settlement was handled, Manchin Injury Law Group can review your situation and explain your options during a free consultation.
Associate Attorney at Manchin Injury Law Group
Practice Area: Personal Injury
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
Fill out the form below to get in touch!
