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Negotiating a fair settlement after a personal injury case takes patience and determination, and it feels like a victory when you finally reach an agreement. But what happens if new injuries or property damage emerge later? Can a lawsuit be reopened after a settlement? If you’re struggling with long-term injuries and are still in pain after the settlement, you may be wondering whether your case can be revisited for more compensation.
In most cases, the answer is no. Settlements have a strict legal finality when you sign on the dotted line, which means your lawsuit is considered closed and cannot be reopened.
There are a handful of very strict and rare circumstances in which a lawsuit can be reopened after a settlement, but the odds are slim. While negotiating your settlement, proper legal representation can ensure you get the compensation you deserve that covers long-term medical expenses.
At Shapiro Law Team, we know the ins and outs of the legal system. Our team can take a look at your case and see if your lawsuit qualifies to be reopened after a settlement, and we’ll make sure you get the compensation you deserve. We’ll go over the specifics of whether a lawsuit can be reopened after settlement, the circumstances in which you can, and how legal representation can keep the process moving.
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ToggleIn general, a lawsuit cannot be reopened after settlement once you sign the document. Personal injury settlements are legally binding documents, and your signature means you agreed to the compensation amount discussed in the settlement. Once you sign, it’s essentially written in stone.
However, there are a handful of very rare circumstances where you could attempt to reopen your settlement. If you have evidence to support the idea that there was fraudulent activity, such as the other party refusing to pay or you being coerced into signing the agreement without your full consent, you may have grounds to reopen your settlement.
Another potential exception is cases where they discover new evidence after the settlement agreement. You can’t reopen a case for every tiny piece of new evidence, however. This new evidence must be substantial enough to significantly alter the case’s ruling or your compensation amount.
While it’s technically possible to reverse a settlement agreement, the perimeters to do so are strict, and success is rare. You may have legal grounds to undo your settlement if you have strong evidence of duress, mistakes in the settlement, or negotiations in bad faith. Bad faith refers to instances where the other party signed a settlement agreement with no intention of actually paying out the money.
If you want to undo or renegotiate the settlement, you will need court approval. You can take your case to trial and argue that your settlement was unfair in some way, and the court will need to approve the modifications. Changing a legal document such as a settlement takes time and multiple layers of approval; it’s not a simple yes or no.
As previously mentioned, a settlement is a legally binding document that is incredibly difficult to reverse or reopen once you sign. Once you agree to the compensation amount, you’re also agreeing that the case is closed and cannot be revisited in the future.
Unless you have significant evidence to prove malicious intent during the negotiation process from the other party, the odds of reopening a case are slim. This is why it’s crucial to negotiate your settlement with legal representation to ensure it properly covers all of your damages from the incident.
If you believe you were coerced or the victim of malicious intent from the other party during the settlement negotiations, you’re not entirely out of options. Your legal team can sue the other party for not offering a just settlement, which is different from reopening a lawsuit after settlement. The settlement will stay as it is, but you and your team will be opening a new case against the liable party.
Keep in mind that each state has a deadline by which you can sue the opposing party. In Arizona, victims have 2 years from the date of a car accident to file a new claim and sue the liable individual or group.
Serious accidents can lead to long-term injuries and medical care, such as physical therapy and future surgeries. Your settlement is meant to cover both current and future medical expenses for your injuries. Known future treatments are factored into your final compensation amount.
If you suspect you received an inadequate settlement that won’t fully cover the expenses, you can challenge it during the negotiation process. If you’re still in pain after settlement and believe bad faith or fraud was involved, it may be possible to reopen the lawsuit.
In serious cases of fraud or legal error, you may have grounds to reopen your case. If one party withholds information that could seriously impact the outcome of the case or uses fraudulent information to influence the compensation payout, these are legal grounds to reopen a lawsuit after settlement.
Sometimes, one or both lawyers on the case can make a mistake that leads to an improper compensation payout. This is a significant offense, and you may have the right to reopen the lawsuit or file a new claim against the liable party.
Worker’s compensation offers financial benefits for employees injured on the job, regardless of fault. In comparison, personal injury cases require proving fault, and the level of fault impacts how much compensation you can earn.
If your injuries have gotten worse after the incident or new evidence comes to light after settlement, you may be eligible to reopen your workers’ compensation claim. You will need to provide medical documentation of a physician reevaluating your injuries and confirming they have progressed.
If you’re still struggling with medical bills or property damage repairs after negotiating your settlement, you have a couple of legal routes you can take. For starters, you can use certain legal channels to appeal the settlement or negotiate post-settlement adjustments. This will take time and enough evidence to support your claim, but it’s possible to negotiate for more compensation.
An alternative option is to file a medical lien, where your medical care provider can file a claim against your settlement and demand compensation for unpaid medical bills. You can also agree to a structured settlement setup, where you receive your compensation in periodic payments rather than one chunk of change.
Wondering if a lawsuit can be reopened after settlement? Reopening a settlement after closing is difficult, and there are strict parameters you need to follow. While it’s not impossible, it is rare. This is why reliable legal representation is crucial in ensuring you get the compensation you deserve before you sign the paper.
At Shapiro Law Team, we’ll make sure you get the justice you deserve. Negotiating with insurance companies is our job, and our team will make sure your settlement is enough to take care of any present or future damages from the incident. If you decide to try and reopen your case, our attorneys will get to work fighting for your rights.
Long-term injuries after an accident can leave you with a pile of medical bills from treatments, surgeries, and long-term care. If you have already signed a settlement for the damages but realized it may not be enough to cover everything, you have options. Whether it’s attempting to reopen your lawsuit after settlement or filing a new lawsuit against the liable party, there are ways to make sure you get the compensation you deserve.
Looking for legal help in the Phoenix area? Shapiro Law Team is ready to take on your case and fight for your justice. We work on a contingency fee basis, meaning you don’t pay us a penny unless we win your case. Get in touch with us today to schedule a consultation.