Signing a release after an accident typically means you agree not to pursue further claims in exchange for a settlement. However, if you later discover that your injuries are more severe than initially believed, Arizona law provides avenues to challenge that release.
Under Arizona law, a release can be set aside if it was signed under a mutual mistake regarding unknown injuries. This means that if both parties were unaware of the full extent of the injuries at the time of signing, the release may not be binding. The Arizona Supreme Court has recognized that such mutual mistakes can invalidate a release, allowing the injured party to seek further compensation.
In the case of Dansby v. Buck, the plaintiff, Ruth Dansby, was involved in a car accident and believed her injuries were minor. She signed a release with the defendant’s insurer, settling the claim. Later, it was discovered that her injuries were more severe than initially thought. The Arizona Supreme Court ruled that the release was induced by mutual mistake and should be set aside, allowing Dansby to pursue her claim for damages. This case underscores the importance of fully understanding the extent of your injuries before signing any release.
It’s crucial to be aware of the statute of limitations for personal injury claims in Arizona. Generally, you have two years from the date of the injury to file a lawsuit. However, if you discover the severity of your injury after signing a release, the timeline may be affected. Consulting with an experienced attorney can help you understand how these time limits apply to your specific situation.
If you’ve signed a release and later discover more serious injuries, it’s essential to act promptly. Contacting a knowledgeable attorney can help you assess whether the release can be challenged and what steps to take next. At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, has extensive experience in handling such cases. We operate on a contingency fee basis, meaning you pay no fees unless we win your case.
For more information on our services, visit our personal injury attorneys page. To learn more about attorney Chelsie Talcott, click here. For details on our fee structure, visit our fee structure page.
At Hirsch Talcott, we are committed to helping injured Arizonans navigate the complexities of personal injury law. If you believe your signed release was based on a mutual mistake regarding the extent of your injuries, contact us at 602-903-6000 for a free consultation.
