Can a defendant be liable for future medical bills after a settlement?

Full question:

In a personal injury case in which the plaintiff is totally disabled from a wreck that is the subject of the case, can the defendant be required to pay for future medical bills after the case is settled?

  • Category: Civil Actions
  • Subcategory: Settlements
  • Date:
  • State: Tennessee

Answer:

A settlement agreement for an automobile accident typically includes language stating that the plaintiff releases the defendant from all claims related to the accident. This means that, in exchange for a specified sum of money, the plaintiff agrees not to pursue any further claims for damages, including future medical bills, arising from the accident.

For example, a common clause might read: “For and in consideration of the sum of $____________ cash in hand paid, the undersigned (name of plaintiff) does hereby release, acquit and forever discharge (name of defendant) from any and all losses, injuries, claims, demands, actions, causes of action, payments, costs, expenses, damages, liability, or grievances of any nature whatsoever which he/she has had, which he/she may now have, or which he/she may hereafter have, which in any manner pertain to, relate to, or arise from any personal injury, known and unknown, property damage, known and unknown, or any other loss of any nature whatsoever sustained as a result of the aforesaid vehicular accident which occurred on or about (date) involving the vehicle driven by said defendant and the vehicle driven by said plaintiff.”

This type of settlement generally prevents the plaintiff from recovering damages for any injuries, whether known or unknown, that resulted from the accident.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Special damages in a personal injury case typically include quantifiable costs such as medical expenses, lost wages, and rehabilitation costs. These damages are meant to compensate the plaintiff for specific financial losses directly resulting from the accident. For instance, if the plaintiff incurs future medical bills due to the injury, those would also be considered special damages if they are included in the settlement agreement.