One of the most common concerns people have after settling an injury case is: Can a personal injury case be reopened? After all, injuries can worsen, new medical treatment may be needed, and unforeseen complications can arise long after the case seems closed.
In most situations, once a personal injury settlement is finalized, it is extremely difficult to reopen a case, especially if you sign a release. However, there are some rare exceptions where taking legal action to revisit the case may be possible.
Understanding your rights and the limits of settlement terms is crucial. The experienced Hawaii personal injury lawyers at Shaheen & Gordon can help you determine if your case qualifies for reconsideration.
When can a personal injury case be reopened?
In general, when you agree to a settlement offer and sign a legal release, you are giving up the right to reopen a personal injury claim in the future—even if your condition worsens or new medical bills appear. Settlements are designed to provide finality and closure.
That said, there are a few limited circumstances in which you might be able to reopen a case:
1. Mutual mistakes or fraud
If the settlement both parties agreed to was based upon a significant mutual mistake—such as incorrect facts or misrepresented information—there may be grounds to challenge the agreement. Similarly, if the insurance company or defendant committed fraud or acted in bad faith during settlement negotiations, you may have the right to reopen a personal injury case.
2. New injuries from related incidents
If you suffer a new or distinct injury stemming from the same accident or event, you may be able to file a new personal injury claim rather than reopening the old one. This typically applies if the new harm was not foreseeable or directly covered by the original settlement terms.
3. Future damages not accounted for
People often seek to reopen a case due to unexpected future damages—such as ongoing medical treatment, additional surgeries, or increased pain and suffering. Unfortunately, unless these were specifically excluded or left open in the original settlement, it is rarely possible to pursue additional compensation for new expenses after signing a release.
This is why it’s essential to work with an experienced personal injury attorney from the start. They can help ensure that all potential future damages are fully considered before finalizing any settlement.
Why you should be cautious when settling
Accepting a settlement offer too quickly can leave you vulnerable if your injuries turn out to be more severe than initially thought. Many insurance companies push for fast settlements to limit their liability, often before the full extent of your medical bills or pain and suffering is known.
A qualified law firm can help protect your interests by:
- Accurately assessing the value of your case
- Considering future damages and long-term care needs
- Negotiating aggressively on your behalf
Can you still seek legal advice after settling?
Even if you’ve signed a settlement, it’s wise to schedule a free consultation with a personal injury lawyer if you have concerns about the agreement or discover new complications. While the window for reopening a personal injury case is narrow, a skilled attorney can help you understand whether any legal action is still possible.
In some instances, settlement terms can be challenged or renegotiated if there is clear evidence of fraud, coercion, or mutual mistakes.
Contact Shaheen & Gordon for guidance on personal injury settlements
If you’re unsure whether your personal injury case can be revisited, or if you’re facing pressure to accept a settlement, reach out to the trusted team at Shaheen & Gordon. Our experienced personal injury attorneys can help you understand your options and fight for the compensation you deserve. Call (800) 451-1002 or contact us online today for a free consultation with one of our dedicated attorneys.
