While the exact answer depends on the facts of each case and the settlement terms, the general answer is that you cannot reopen a personal injuries case once it has been settled, litigated, and a judgment issued. This is due to the fact that most settlement agreements and insurance companies require plaintiffs to agree to a “release” of liability before they issue any compensation payments.
What is a “Release Of Liability”?
- A release of liability refers to an agreement or clause in a settlement agreement that states that the defendant to the case will be free from any future liability if they comply with the settlement terms.
- The defendant cannot sue for any additional damages once they have paid the agreed amount. This means that if the plaintiff finds additional injuries or damages, they can’t be sued.
- Most cases will require the plaintiff to agree to a release from liability by the defendant or their insurer before any compensation payments are released to them. This means that payment to the plaintiff will only be made if they agree to release liability.
- The release is often included in the settlement agreement as a clause. Even a verbal agreement can be legally enforced as a release from liability in certain cases. The plaintiff agrees that they will release all rights to additional damages in the case.
There are exceptions
- Even if a settlement agreement was already negotiated, there are certain circumstances where a plaintiff could be entitled to additional damages. A plaintiff who has reached settlement terms, but has not signed a separate release of liability or settlement agreement, may be eligible to withdraw from the settlement and go to trial.
- The plaintiff might be able to sue any third parties for additional damages if there are others who could be held legally responsible for the plaintiff’s injuries, but they were not named as defendants in the original lawsuit. If a car accident involves both negligence by another driver or poor road maintenance, the plaintiff may be able to sue the third party for additional damages.
- The plaintiff can also file a professional malpractice lawsuit against their lawyer if they agree to a settlement that is insufficient due to the fact that the plaintiff was given inappropriate legal advice or the attorney was negligent in their handling of their case. You may also be able to sue your lawyer if you agree to a lower amount of compensation because your lawyer provided poor legal advice.
Bottom line: You need a good lawyer
An experienced personal injury lawyer is the best way to get full compensation in any personal injury case. Many victims of injury worry about the expense of hiring a lawyer. They believe they can handle their cases on their own or look for cheap legal advice. This strategy could end up costing plaintiffs a lot if they settle for less than they are entitled. They will also be unable to reopen the case to seek additional damages. It is impossible to reopen a case once it has been closed. Therefore, it is a smart idea to hire a lawyer who can quantify and identify all damages you may be entitled to.
Summarized from an article by The Dominguez Firm.
