Can You Reopen A Personal Injury Case?

Can You Reopen A Personal Injury Case?

A person cannot usually reopen a case once a claim has been settled in or out of court. Therefore, we recommend working with an experienced personal injury lawyer to build a case with evidence proving the other party’s negligence. The evidence should help to result in a settlement that covers you for all damages – past, present, and future – resulting from injury. 

Signing a Release Form Signals The End Of A Personal Injury Case

Signing a release waives any rights to sue a person or business in the future because you have decided to accept the given settlement. A signed release form represents an official end to a personal injury case. Damages that can be covered within the release can include medical expenses, pain and suffering, and lost wages.

• Medical expenses: The injury likely resulted in medical expenses that can include the cost of doctor’s visits, ambulance rides, therapy, and the overall costs associated with the long-term effects of an injury. 
• Pain and suffering: If an injury has resulted in grief, loss of quality of life, and/or loss of enjoyment in life, pain and suffering can be damages claimed for a settlement.
• Lost wages: Healing from injury may require not being able to work for an extended period to recover. It may also require doctor’s appointments or medical procedures (like surgery) that result in loss of income. u

A Personal Injury Lawyer Can Help Anticipate Issues That Can Arise

For example, a person may think a car accident settlement of $10,000 is a large sum of money for compensation for an injury, and then realize that the injury and its impact carry a higher financial burden. A person who is injured may require minimal to long-term recovery time, and during this time period, they may have to miss work, which can result in lost wages. The injured person may need to attend doctor’s appointments, which may carry an additional fee. Additionally, in some cases, an injury can leave a person with a reduced capacity for the injured part of the body.

These are only a few of the damages that can result from a workplace injury. Therefore, it is imperative that a person who has been injured on the job work with a lawyer who understands the ins and outs of personal injury law – so they can help guide you around obstacles you may face while filing a claim.

You May Reopen A Case In These 3 Situations 

There are cases where you may reopen a personal injury case. It is uncommon but still possible. You may reopen a personal injury case in the event of a settlement being made in bad faith when you want to sue additional parties liable for the injury and if the attorney has made a mistake in the settlement negotiations.

• Bad Faith: If an injured person has been defrauded by an insurance company and misled to make a settlement, then the insurance company acted in “bad faith” in order to get an injured person to settle. If you accepted a settlement without adequate information and can prove you were misled to accept an offer lower than what you deserve, you may reopen the case.
• Multiple Liable Parties: An injury may be a result of more than one party. If many different people or organizations were responsible for a person being injured, then a case may be reopened to sue more than the original person or entity sued. You may not sue multiple parties, however, if the release form originally signed noted that certain people or organizations could not be sued. 
• Case Error: You might have a discrepancy between the agreed negotiated amount and the number notated on the release form. If, for example, you agreed to $50,000 and the release form notes only $5,000, then you may reopen the case to amend this error.

Contact A Kansas Personal Injury Attorney Today

In most instances, a person cannot reopen a personal injury case once a release form is signed. However, a case can be reopened in the event of error, bad faith, or desire to sue additional parties that contributed to the injury. If you have been injured on the job, a Pyle Law personal injury lawyer can provide the guidance necessary to reclaim the maximum amount in damages. An experienced personal injury lawyer can also help to reopen a case to reassess remuneration and damages. Set up an appointment today.