Realizing your injuries are more severe than you thought after settling a personal injury case can feel like a nightmare. Conditions like nerve damage or chronic pain don’t always show up right awayโthey can take months or even years to fully develop. So, what happens if you’ve already signed on the dotted line?
At Clark Frost Zucchi, we’ve spent over 35 years fighting for injury victims, and we know how crucial it is to fully understand the long-term impact of your injuries before settling. But if you settled too earlyโor without the right guidanceโyou might still have options.
In this blog, we’ll dive into whether you can reopen a personal injury case after settling, uncover the key exceptions to the rules, and share actionable advice to help protect your rights. Don’t let unforeseen injuries leave you feeling stuckโfind out what you can do next.
Settlements Are Final in Most Cases
When you reach a settlement in a personal injury case, the agreement is meant to resolve the matter fully and finally. To receive compensation, you are often required to sign a Release of Liability form. This document is a legal contract between you and the at-fault party that typically prevents you from pursuing additional claims related to the case. It essentially states that you waive your right to file further lawsuits or demand more compensation for both current and future injuries related to the incident. However, every rule has exceptions, and in this case, certain circumstances could allow you to revisit your injury claim.
Exceptions to the Rule
While reopening a personal injury case after settling is rare, there are some exceptions where it might be possible:
1. Fraud or Misrepresentation
If your settlement was based on fraudulently presented information, you might have legal recourse to reopen the case. For instance, if the at-fault party or their insurance company intentionally concealed or misrepresented vital information that influenced your settlement decision, you could argue that the agreement should be invalidated.
2. Forced or Coerced Settlements
If you were pressured or coerced into accepting a low settlement offer, you might have grounds to challenge the validity of the agreement. Settlements obtained under duress or undue influence are not considered legally binding.
3. Mutual Mistake
A mutual mistake of fact happens when both parties rely on incorrect information or an error that is central to the settlement agreement, such as a miscalculated number in the compensation amount. This type of mistake could potentially allow for the case to be reopened, as the agreement may not reflect the accurate terms initially intended by either party.
It’s important to note that exceptions are heavily dependent on the specifics of your case and jurisdiction, which is why consulting with a seasoned personal injury attorney is crucial.
What to Do Next if Your Injuries Have Worsened
If your injuries have worsened after settling your personal injury case, taking immediate action is critical. Here’s what to do next:
Keep detailed records of your worsening injuries, including medical reports, treatment plans, and photographs. These documents will be key if you’re looking to prove that the injury is related to your initial case.
Legal deadlines, such as statutes of limitations, may still apply when reopening a case. Reach out to a lawyer as soon as you notice a change in your condition.
Contact a trusted personal injury attorney to evaluate whether your claim qualifies for one of the exceptions listed above. They’ll guide you through your options and defend your rights.
Reopening a case or negotiating additional compensation can be a time-consuming process. Trust your legal team to handle the complexities while you focus on recovery.
Protecting Yourself in the Future
While reopening a case may be possible under some circumstances, it’s not guaranteed. The best course of action is to avoid rushing into a settlement agreement in the first place. By working with an experienced personal injury attorney from the beginning, you can ensure your settlement properly accounts for the full scope of your injuries and future needs.
At Clark Frost Zucchi, we take pride in thoroughly representing our clients to prevent premature settlements that fail to reflect the true value of their cases. Our goal is to protect your rights, secure fair compensation, and help you move forward with confidence.
Whether you’ve already settled or you’re in the initial stages of a personal injury claim, we’re here to help. Don’t wait until it’s too late to secure the justice you deserve – contact us today.
