Suppose you accept a settlement offer from an insurance company after an accident leaves you hurt. Soon after the fact, you realize that your claim could be worth more. Can you reopen a personal injury case after settling?
Keep reading to learn when this might be possible.
Why a Personal Injury Lawyer in San Jose Should Handle Your Injury Claim
Some people file accident injury claims without legal representation. In doing so, they may unknowingly leave out key details or fail to realize what the claim could be worth. Even if you only face minor injuries, it’s wise to consult a personal injury lawyer in San Jose before filing a claim.
Experienced attorneys collect and review evidence, evaluate damages, and negotiate with insurance companies. If they’re unable to settle your claim outside of court, they may recommend filing a lawsuit to seek financial compensation. From there, lawyers continue with negotiations while preparing for trial.
Hiring an attorney could make the legal process less confusing and potentially help you resolve the case quickly, though outcomes vary.
Common Criteria for Reopening a Personal Injury Lawsuit
California courts typically don’t allow plaintiffs to reopen a case following a settlement, preventing them from pursuing additional compensation. However, some exceptions apply. So, when can you reopen a personal injury case?
You may have legal grounds to reopen an injury case due to the following:
- Instances of fraud or misrepresentation: If fraud or deception impacted your case, there may be an opportunity for you to reopen it after settling.
- A breach of contract: Should the other party fail to meet the terms of your settlement agreement, you could take further legal action.
- Significant clerical errors: Sometimes, clerical errors within the settlement agreement raise concerns, potentially prompting someone to try reopening the claim.
- Unsigned Release of Liability: Once you sign this legally binding contract after settlement negotiations or a court ruling, it’s much more difficult to reopen the case. However, if you’ve yet to sign the release, you have other options.
The Challenges of Reopening a Personal Injury Case
Can you reopen an injury claim without issue? Not usually. Reopening a personal injury lawsuit after reaching a settlement comes with plenty of legal hurdles that you should prepare for.
Suppose you’ve already signed the Release of Liability, but you believe fraudulent actions impacted the case. You bear the burden of proof to show instances of fraud.
What if you received a settlement and put some of it toward your medical bills after an accident? Even if you can prove fraud or other legal grounds for reopening, California law requires individuals to either return their settlement or offer to restore it. Spending some of your settlement money could be what prevents you from successfully reopening the case.
Consult Hann Law Firm for Legal Assistance
Can you reopen a personal injury case? How quickly are personal injury settlements paid out? What types of evidence may support your claim?
The legal professionals at Hann Law Firm can answer these questions and more. To discuss your claim, schedule a free consultation. Call (408) 755-9793 or submit our online form to get started.
