Can You Reopen a Personal Injury Case?

Personal injury cases can sometimes feel like a whirlwind, and your case may have ended differently than you expected it to. Can you reopen a personal injury case if you believe the outcome was unfair or you have new information to present?

The answer depends on whether or not the case was finalized and your reason for wanting to reopen it. An experienced Wichita personal injury lawyer can explain further and help you understand your chances of reopening your case. 

When Is a Personal Injury Case Officially Closed?

If your personal injury case settled out of court and did not actually proceed to trial, you may wonder whether there is any possibility of it being reopened and heard in front of a judge. But if you signed a settlement agreement, your case is closed and generally cannot be reopened. 

Settlement agreements are legally binding contracts stating that you agree to the defendant’s settlement offer and compelling the defendant to uphold the terms of their offer. Even if you have not yet submitted this agreement to a judge for approval, it may still be considered legally binding.

These contracts typically include a release of liability that would prevent you from suing the defendant in the future in exchange for accepting the damages and compensation in the settlement. 

Limited Exceptions That May Allow a Case To Be Reopened 

In limited cases, you may be able to reopen a personal injury case or initiate a new case for the same incident. These are the main exceptions that may allow you to reopen a claim:

• Case error: You might be able to reopen a case if there is a clerical error in the settlement agreement or other case details. For example, perhaps you agreed to a settlement of $30,000, but the settlement agreement actually lists $3,000. 
• Bad faith: If you believe the insurance company that was representing the defendant in your case acted in bad faith to convince you to settle, you may have grounds to pursue a new case against them. This could mean that the insurer misled you or kept some information from you to convince you to accept a lower offer. 
• New evidence: In some cases, finding new evidence that could not have reasonably been discovered earlier may be grounds to reopen the case if it would significantly impact the outcome. 
• Multiple liable parties: In cases with multiple liable parties, you may file a new case against a different party from the original case. 

If you do have grounds to reopen the case, the original statute of limitations may not apply. 

Seek Legal Guidance From Larry Wall Trial Law 

Assuming that you can reopen a case if needed is one of the mistakes to avoid in the personal injury legal process. You shouldn’t sign a settlement agreement without fully understanding its implications and knowing that this action officially closes the case.

Having legal representation through your personal injury claim can help you avoid these mistakes and protect your rights to seek fair compensation. Larry Wall Trial Law represents personal injury plaintiffs in Wichita; contact us today at 316-265-6000 for a free consultation.