Once a personal injury case has settled, the majority of people think that use of the case is over. That is the case in most circumstances. Nevertheless, in some situations, a personal injury lawsuit may be reinstated. The question of whether it is possible or not depends on the way the case was resolved, on the language of the settlement agreement and the state laws.
We discuss below when a personal injury claim can be contended upon reopening, and when it probably cannot.
The Dynamics of Personal injury claims settlement.
The personal injury cases are resolved in either of the two ways:
- Settlement Agreement
- Court Judgment
In most instances, the cases are resolved out of court. After you sign a settlement agreement and receive payment, you sign a release of liability. Such document denies you the opportunity to claim more damages on the same incidence over time.
Instead, a judgment after trial in a court of law becomes legal after the appeal period expires.
Due to such finality rules, a reopening of a claim is sometimes but not always difficult.
Cases in Which a Claim Can be Revived.
Although this is not common, there are special situations under which a personal injury suit can be reopened:
Fraud or Misrepresentation
In case you later find out that the opposing party or the insurance company deliberately suppressed vital details like the insurance cover or even proofs presented before the court, the claim can be reinstated. Any agreement is compromised by fraud.
As an illustration, a court can revisit a case in case medical records were concealed intentionally, or faked evidence was presented.
Once a personal injury case has settled, the majority of people think that use of the case is over. That is the case in most circumstances. Nevertheless, in some situations, a personal injury lawsuit may be reinstated. The question of whether it is possible or not depends on the way the case was resolved, on the language of the settlement agreement and the state laws.
We discuss below when a personal injury claim can be contended upon reopening, and when it probably cannot.
The Dynamics of Personal injury claims settlement.
The personal injury cases are resolved in either of the two ways:
- Settlement Agreement
- Court Judgment
In most instances, the cases are resolved out of court. After you sign a settlement agreement and receive payment, you sign a release of liability. Such document denies you the opportunity to claim more damages on the same incidence over time.
Instead, a judgment after trial in a court of law becomes legal after the appeal period expires.
Due to such finality rules, a reopening of a claim is sometimes but not always difficult.
Cases in Which a Claim Can be Revived.
Although this is not common, there are special situations under which a personal injury suit can be reopened:
Fraud or Misrepresentation
In case you later find out that the opposing party or the insurance company deliberately suppressed vital details like the insurance cover or even proofs presented before the court, the claim can be reinstated. Any agreement is compromised by fraud.
As an illustration, a court can revisit a case in case medical records were concealed intentionally, or faked evidence was presented.
Mutual Mistake
In case the two parties had entered into a settlement whenever they had made material mistake of fact, the reopening can be done. The most typical example is an injury which turns out to be much worse than anyone reasonably thought at the time of settlement.
Nevertheless, the courts are wary of this. The error should be material and it should not be merely an alteration in circumstances.
Clerical or Legal Errors
In case the court made a judgment on the grounds of a procedural or clerical mistake, one can make a motion to correct the error. State civil procedure rules govern such situations and tend to put strict deadlines in place.
Future Payments Structured Settlement
Certain personal injury cases are settled by way of structured settlement. In case of non-payment because of the administrative reasons or the defendant does not follow the agreement, a legal action can be taken to perform the terms. Although this is not an actual reopening of the claim, it can be a case of going back to court.
In Cases When a Claim is Generally Immutable.
Mostly, when you are signing a full and final settlement agreement, then you would not be able to recover any further compensation even though:
- Your wounds get worse as time goes by.
- New health complications occur.
You know that you were settled less than was anticipated.
Settlement reached in courts are usually enforced by courts. It is this reason that it is paramount to consider long term medical needs to the full before it is agreed to accept compensation.
Conclusion
Workers compensation cases in contrast with regular personal injury claims can occasionally be reopened within a specific period in case of a condition aggravation. These situations are regulated by state-specific laws, and the timeframes may take one to many years since the last payment of benefits.
In case the injury you sustained is connected with your workplace, a Personal Injury Lawyer Cannington should be visited as soon as possible to protect your rights.