Can You Reopen a Settlement if New Injuries Are Discovered?

After a car accident, it’s common to feel relieved once you reach a settlement agreement. Many personal injury victims believe their injuries and financial losses are fully covered, confidently signing the paperwork to finalize the claim. But sometimes, new injuries or health issues related to the accident emerge long after signing, leaving many wondering if it’s possible to reopen their personal injury case.

Understanding your rights can help you address unexpected health issues and secure the compensation you deserve.

What Exactly Happens When You Sign a Settlement Agreement?

When you sign a settlement agreement, you’re typically closing your personal injury claim permanently. This agreement usually includes a release form stating you agree not to take further legal actions related to your accident against the other party or their insurance company. Essentially, by signing, you’re saying that you’re satisfied with the settlement amount and won’t seek additional compensation.

However, exceptions do exist. If new, unforeseen injuries arise or conditions worsen significantly after settlement, you might still have options. An experienced personal injury lawyer can assess your situation and advise whether reopening your settlement could be viable.

Discovering New Injuries After Your Initial Settlement

It’s not unusual for accident injuries to appear or worsen long after your initial treatment. Many victims initially think they’ve reached maximum medical improvement, only to find new symptoms emerging weeks or even months later. These new injuries can lead to more medical bills, additional treatments, and further lost wages.

If these new injuries are clearly related to your original accident, you might be eligible to seek further compensation. To do this, you’ll need strong, documented evidence that can make or break your personal injury claim.

Keeping detailed records of new medical treatments, ongoing medical expenses, future expected expenses, and proof of lost wages is essential. Clearly linking these injuries to your original accident strengthens your claim significantly.

When Can You Reopen a Personal Injury Case?

Several circumstances may allow you to reopen your personal injury case. For instance, if you accepted a quick settlement under pressure from an insurance company or if the company acted in bad faith by undervaluing your initial claim, you might be able to reopen your case.

What Other Options do you have

Other valid reasons include uncovering hidden or fraudulent actions by the insurance company or the other party involved. Showing that the original settlement didn’t adequately cover your injuries, expenses, or properly account for liability can also justify reopening your claim.

Importance of Non-Economic Damages in Settlements

Non-economic damages are a crucial part of fair settlements, covering things like pain and suffering, emotional distress, and reduced quality of life.

These damages aren’t always clear right away and might have been overlooked or undervalued in the initial settlement agreement.

If you realize that your non-economic damages weren’t properly addressed, you could have strong grounds for reopening your case. Documenting your experiences thoroughly and obtaining professional medical and psychological evaluations can help you present a compelling argument for additional compensation.

This is the quickest and most effective way to make sure you get the personal injury claim that you deserve. It can also get better medical treatment through personal injury claims, even in the event of a closed personal injury case.

How Negotiations To Reopen a Settlement Work

While reopening your personal injury case for further compensation isn’t straightforward, it’s definitely possible. Success depends on clearly demonstrating how your new injuries are directly connected to your original accident.

You’ll also need to show why the initial settlement amount was inadequate to cover the total medical expenses and non-economic impacts you’ve faced.

Settlement negotiations require clear and compelling evidence, such as medical reports, expert testimonies, and precise documentation of your ongoing costs and losses. Remember, the fair settlement also depends on how good your legal firm is.

The Role of an Experienced Personal Injury Attorney in Reopening a Settlement

Personal injury cases can be tricky, and victims need to reach maximum medical improvement in the shortest time possible. An experienced personal injury lawyer can gather all the necessary evidence and effectively advocate for you, significantly improving your chances of success.

Deciding to reopen a personal injury case can feel overwhelming, especially since insurance companies typically resist these claims vigorously.

They prefer to minimize compensation and often challenge reopened cases aggressively. Having a qualified and experienced legal team on your side can make all the difference when you seek compensation.

Dealing With Insurance Companies

Experienced attorneys understand the insurance companies’ strategies and can challenge their attempts to reduce your compensation. They’ll guide you through the process, clearly explain your options, answer your questions, and provide strong legal support every step of the way.

Once you have the insurance matters cleared out, getting compensation for future expenses in the claims process and legal action becomes easier with an experienced attorney. They might even help you get more compensation than you initially aimed for.

Why Quick Action Matters

Timing is critical if you’re thinking about reopening your case. Delays can hurt your chances of success, especially if evidence becomes harder to gather or less convincing over time. Acting quickly when you discover new injuries or additional damages connected to your accident is important.

This includes how quickly you gather evidence, figure out settlement terms, and file for further damages. Such cases are sensitive, and prompt action can lead to more money and a better settlement offer for future damages.

Many personal injury attorneys offer a free consultation, which provides a risk-free way to get expert advice.

During this consultation, an experienced lawyer can carefully evaluate your new evidence, review your previous settlement, and explain exactly how you might be able to pursue further compensation.

Preparing for Additional Legal Steps

If you decide to reopen your claim, it’s important to prepare thoroughly for possible additional legal actions. Your attorney will help you revisit your initial claim, gather comprehensive evidence, and organize the information.

You’ll need for settlement negotiations or potential courtroom proceedings. Clear and well-organized documentation significantly improves your chances of obtaining fair and maximum compensation. The initial offer can also set the tone for the rest of the case, so ensure you have legal assistance with you during this time.

Bottom Line

If new injuries related to your accident have appeared after your settlement, don’t wait. The longer you delay, the harder it might become to secure the additional compensation you need. At Bourassa Law Group, our experienced attorneys are dedicated to helping you receive the fair compensation you’re entitled to.

Reopen A Settlement Now – Contact Bourassa Law Group

We offer a free consultation where we’ll review your situation, answer your questions, and clearly outline the steps to take moving forward. Reach out today to ensure your rights are fully protected and to get the experienced support you need for your personal injury claim.

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