Can you reopen a personal injury case? Call Simmons Law Group at (407) 454-3000 for compassionate and knowledgeable legal guidance.
After a personal injury accident, a victim may choose to file a claim against the at-fault party, seeking damages for past and future expenses related to their injuries, including medical bills, lost wages, and property damage. Once they file the claim in Florida, a civil lawsuit opens, and the legal process begins.
While it is common to resolve these matters outside of court, cases can still become quite complex, drawn out, and litigious. This leaves the injured party mentally, physically, and financially at a loss until both sides come to a negotiated agreement or a judgment is made.
But what happens if you later come to realize that the settlement amount is insufficient or unfavorable due to ongoing medical treatments that were not considered during initial negotiations? Typically, when a personal injury lawsuit settles and the injured party receives payment for damages, it is rare for the case to reopen in the state of Florida—but not impossible. If you have sufficient cause and new supporting evidence, reopening your case may not be as unlikely as you think.
When attempting to reopen a legal dispute, it is important to consult an experienced Florida personal injury attorney, like James Simmons, Winter Park’s personal injury lawyer, to discuss the details and guide you through the laws and limitations in Florida.
If you have a settled lawsuit and closed case yet still find yourself wondering, «Can you reopen a personal injury case?» Look no further! In this article, we discuss a few possible scenarios where you can reopen a personal injury case.
Breaking the Terms & Conditions of the Settlement
Can you reopen a personal injury case? If one or both parties do not adhere to the terms and conditions of the settlement agreement, you may be able to reopen your case.
For example, if the at-fault party refuses to pay the settlement amount as stipulated in the final agreement, this could allow for a reopened case. Breaking a legally binding agreement is, of course, illegal.
Depending on the situation, breaking a settlement agreement could constitute reopening your case and seeking further compensation for damages. Additionally, this could constitute reopening your case and seeking further compensation for damages.
It’s important to understand the terms and contingencies before entering into a legal settlement agreement. Not all settlements are black and white, especially when it comes to legal agreements. For that reason, it is crucial to speak with a lawyer before entering into a legal agreement with another party.
Errors in the Settlement Paperwork
If there are written or typed errors in settlement paperwork that were not agreed upon during the initial lawsuit, this could be an argument to reopen the case. For example, you could have signed paperwork and a closed case, but if you later notice a typo or scrivener’s error that does not reflect the original agreement, you could potentially reopen the case.
Reopening a case in order to correct or renegotiate a personal injury settlement might be justifiable. It is vital that you and your legal team meticulously review all agreements and waivers before signing anything. What may look like a minor error in a legal document can actually create further legal stress, litigation, and costly attorney fees.
Unfortunately, it’s not uncommon for fraudsters to deliberately manipulate a personal injury case to obtain settlement payments from the insurance company. A person can commit fraud in various ways when it comes to personal injury lawsuits.
Insurance fraud in injury disputes can include false injury claims, falsified or manipulated medical documents, and intentional or staged accidents. These are serious crimes, and if you suspect fraud in connection with your or a loved one’s personal injury case, you should speak to a personal injury lawyer as soon as possible to understand the laws around fraud and how they may affect your settlement.
Coerced Settlement Agreements
In some situations, a party might sign a settlement agreement under inappropriate or questionable circumstances or «under duress.» When a party feels pressured, coerced, or threatened into signing legal documents, they might enter into an agreement that they otherwise would never agree to. If you think you have entered into a personal injury settlement in a questionable way, you should consult an experienced personal injury lawyer to discuss your options.
New Supporting Evidence
If new evidence becomes available after the conclusion of your case, you may be able to reopen it in an effort to show cause for a new settlement or judgment. Personal injury cases can be complicated and require substantial documentation and supporting evidence to support your claim. This ensures the victim receives appropriate compensation for all damages incurred, including any anticipated expenses associated with the accident.
You can obtain evidentiary documents during the discovery process in a case. Discovery is one of the most important steps in a personal injury case. Evidence obtained through discovery can be essential for your legal team when calculating a fair settlement amount for the affected party.
Some examples of new evidence might come in the form of medical bills, paystubs, witness statements, or various types of media.
At the conclusion of a lawsuit, any agreements and waivers must be fully executed with all parties’ signatures. If any page of a settlement agreement is missing a required signature from either party, the agreement could be considered void and not legally binding. It’s imperative that all parties execute all settlement documents when settling a legal dispute.
Overlooking just one signature line can be problematic if a party does not adhere to the agreement. A missing signature could make the settlement terms unenforceable, leaving you right back where you started.
Reach Out for Legal Guidance
Do you still find yourself asking, «Can you reopen a personal injury case?» If so, contact our team at Simmons Law Group to schedule a free consultation with one of our experienced personal injury lawyers. Call us at (407) 454-3000 to learn the steps in a personal injury lawsuit.