Settling a personal injury lawsuit is meant to bring relief and closure, but what happens if your condition worsens or you later discover that your injuries are more serious than first understood? You may wonder whether it is possible to revive your claim. Understanding when reopening a case is possible and when it is not is vital.
When Reopening a Case Is Usually Not Possible
Generally, once you have finalized a personal injury case through settlement or litigation, reopening it is not allowed. Final settlements are intended to resolve all claims, compensating you for damages in exchange for releasing the other party from further liabilities. Because of this, the legal system treats finalized personal injury claims as closed unless exceptional circumstances exist.
Situations Where There Might Be an Exception
Even though reopening is rare, there are limited circumstances under which it might be possible:
- Clerical or procedural errors if some paperwork was filed incorrectly or important documents were omitted due to mistake
- New evidence if evidence surfaces after settlement or judgment that was not available during the original case and that evidence significantly alters the injury’s severity or liability
- Unknown or latent injuries if injuries that were not known at the time of settlement become evident later and those injuries lead to new medical needs or increased suffering
- Additional responsible parties if others become liable after the initial case, for example someone not originally named in the lawsuit but whose negligence contributed to your harm
What You Can Do If You Think You Should Try to Reopen
If you believe your case should be reopened, consider these steps:
- Gather full documentation including all medical records and information discovered since the settlement
- Identify new evidence or injuries that were not known previously
- Consult with a skilled personal injury attorney to evaluate whether your situation meets legal standards to justify reopening
- Ensure you understand any deadlines or statutes of limitations that might apply to reopening or filing new claims
Why Legal Representation Is Crucial
An experienced attorney can help in multiple ways:
- Assess whether reopening is legally viable
- Calculate what additional damages you may be entitled to now
- Help gather and preserve new evidence
- Advise about the cost benefit risk of reopening versus accepting that the case is closed
Hillstone Law Can Help
At Hillstone Law, we guide clients through what can be a confusing and emotionally stressful situation. We:
- Review your original case and all medical documentation
- Assess whether new injuries, evidence, or parties might justify revisiting the claim
- Advise you whether reopening, modification, or filing a new related claim makes sense in your situation
- Represent you if there is legal basis to reengage the case
If you believe your injuries have worsened or that something critical was overlooked in your initial case, you deserve to have your rights fully protected. Contact Hillstone Law for a free evaluation of your situation so we can help you determine the best path forward.
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
