Even if you later realize that the settlement isn't enough or if your injuries progress, you can't reopen a personal injury case in New York. In most cases, you can't reopen a personal injury case. When you settle a personal injury case by agreement, you must assume that the settlement is final. There are rare circumstances in which you can reopen a personal injury case where the other party fails to comply with the terms of the agreement or there is a mutual error in the agreement.
However, most personal injury settlements and verdicts are final. You cannot reopen a claim that was resolved in bad faith. However, the at-fault insurer could be found liable if it is discovered that it was tricked or coerced into accepting a lower settlement. You generally can't reopen a lawsuit after you accept and receive a settlement.
Even if you need to undergo more surgeries or other forms of medical treatment in the future, you can't reopen the lawsuit to seek coverage for these expenses. As a result, you should be careful to avoid resolving your personal injury case too quickly. This is because most settlements in a personal injury case cannot be reopened. There are very limited exceptions to being able to reopen a personal injury settlement.
Insurance companies know this and train their adjusters to immediately approach the victim of an accident as soon as possible, agree to pay all medical bills, and then eliminate injuries or liability. This includes blaming the victim for the accident, minimizing damage, and offering a nominal sum of money as a “favor to the victim.” Victims of a personal injury accident can receive compensation from a court in a verdict or compensation in arbitration or, more commonly, agree to resolve a case. If you're wondering if this would apply to your case, start by scheduling a free consultation with an experienced personal injury lawyer near you. When you reach an injury settlement, you sign a settlement agreement along with a claim waiver form.
To add another layer of exceptions, workers' compensation is a different story than other personal injury cases. Since most personal injury cases are resolved out of court, it's unlikely that you'll be able to reopen your case after the settlement. Rob began his legal career in 1993 as an adjunct attorney for the corporation defending New York City against personal injury lawsuits. Most personal injury cases are resolved out of court, so the legal process ends when you agree to a settlement.
This is true for legal documents in personal injury cases, one of the most important being the liability waiver form. Do yourself a favor and put your case in the hands of experienced personal injury lawyers right from the start. It's very difficult, but not impossible, to reopen a personal injury case for newly discovered evidence. Always read the documents carefully before signing them and ask a Chicago personal injury lawyer in Langdon & Emison to review the contract to make sure your interests are represented.
An experienced personal injury lawyer in Langdon & Emison will work to calculate everything you are owed for your injuries. But what happens if it worsens than what doctors reported? Or finding out that your insurance company lied to you? Every personal injury case is different.