Can you reopen a personal injury case after it’s settled? You typically cannot reopen a personal injury case after it’s settled, but there are rare exceptions based on fraud, coercion, a mutual mistake, or an insurance company not fulfilling its terms.
A personal injury lawyer in Charlottesville can provide additional insights into whether a case may be reopened.
You Can Reopen a Personal Injury Case After It’s Been Settled If There’s Fraud or Misrepresentation
One of the times when you can reopen a personal injury after it has been settled is if a liable party or their insurance company hides or misrepresents information. You may have used this information as you debated whether to approve a settlement. If you discover that the information was inaccurate or untrue, you may have grounds for reopening your case.
Consult with an attorney if you’re unsure about how personal injury settlements work. Ideally, you have a personal injury attorney on your side who helps you get a fair agreement. Or, if you previously negotiated a settlement and believe there’s been fraud or misrepresentation, your attorney may help you reopen your case and get a new offer.
MartinWren, P.C., has served thousands of clients and reported millions of dollars in verdicts and settlements. Our team offers legal guidance and support to those injured in car accidents and other incidents due to no fault of their own. We may help you get a reasonable settlement or reopen your personal injury case if it’s already been settled. Contact us today.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Try to Reopen Your Personal Injury Case if You Feel You Were Pressured to Accept a Settlement Offer
Coercion or duress may be a valid reason for you to reopen your personal injury case following a settlement. Within days of when you were injured, you could feel pressure to accept the first settlement offer you receive. This may be the case if you weren’t in the right state of mind during settlement negotiations.
For example, you may be dealing with a concussion following an auto accident in which another motorist is responsible. Yet, you sign off on a settlement in the days after the incident. In this situation, you may argue that your concussion affected your thinking. This could prompt a court to allow you to reopen your personal injury case after you accepted a settlement.
If you reopen your case, you may have a brief window for doing so. Per Virginia Code § 8.01-243, the statute of limitations for most personal injury claims and lawsuits is two years. If this window closes, you may be responsible for your injury-related losses.
A Mutual Mistake May Give You the Opportunity to Reopen Your Personal Injury Case
There are times when the parties involved in settlement negotiations in a personal injury case make a mistake. If you and other parties agree that an error was made, you could mutually agree to reopen your personal injury case after it was settled.
Of course, before you decide to reopen your case, it may be helpful to meet with personal injury lawyers. This allows you to discuss the settlement that you accepted before and whether it may be in your best interests to restart your case.
Your attorney can teach you about the types of damages in personal injury cases and whether it may be worthwhile to reopen your case. If you decide to open your case again, your lawyer can help you get a settlement that provides you with adequate compensation for your losses.
A Breach of Contract Can Lead to the Reopening of a Personal Injury Case
You believe an insurance company negotiates a personal injury settlement with you in good faith. After you accept the insurer’s settlement, you find that the business didn’t follow the terms that you accepted during settlement negotiations. In this instance, it may be a good idea to reopen your personal injury case after it has been settled.
Personal injury attorneys can detail how a breach of a contract may be a legitimate reason for reopening your case. If your case is ultimately reopened, your lawyer can go back and forth with an insurer in the hopes of getting you compensation that serves you well for years. They may secure a settlement that’s significantly better than the first one that you got.
Your lawyer can give you information about the handling of personal injury cases and what you can do to receive sufficient compensation from an at-fault party or their insurer. Throughout your personal injury case settlement negotiations, your lawyer can share updates. If a settlement offer is made, you can review the proposal with them and make an informed decision on it.
New Evidence May Convince a Court to Reopen Your Personal Injury Case
You are injured in an accident, and someone else is liable. Following the incident, you negotiate a personal injury settlement that you believe covers your losses. However, months later, you discover a brain injury or other trauma related to the accident. In this situation, you may have evidence that proves your personal injury case should be reopened after settling.
Medical records and other evidence may become available after you agree to a personal injury settlement. They may change your thinking about a settlement, since your losses may be greater than what you initially believed.
Have a personal injury lawyer examine the evidence that you can access following the acceptance of a settlement. Your attorney can let you know if this proof is enough to get a court to reopen your case. If so, they may help you argue that your case deserves reconsideration and that the settlement you accepted should be rescinded.
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Learn More About When You Can Reopen a Personal Injury Case That’s Been Settled
At MartinWren, P.C., our Charlottesville personal injury lawyers offer legal guidance and support to those involved in personal injury cases. We can also tell you if you’re able to reopen your personal injury case after it’s settled. Give us the opportunity to assess your personal injury case. To get started, schedule a case consultation.
Call (434) 817-3100 or complete a Case Evaluation form