Can a Personal Injury Case Ever Be Reopened?

One of the most frequently asked questions from injured plaintiffs is, “Can I reopen my case?” The answer is generally no, you can’t reopen a case for the same injury. Even with help from a lawyer, you cannot reopen a closed personal injury case except in very rare circumstances. If you discover that your injury will need further treatments or surgeries that you did not account for in your first settlement, you will typically have to pay for the additional costs yourself, as seeking further compensation is generally not possible. This is why it is critical to ensure the accurate value of your settlement before you close your case.

The dedicated attorneys at Knowles Law Firm have helped injured clients in Nebraska secure compensation that accounts for both immediate and future medical expenses, lost wages, and other damages, and we can do the same for your claim. With over 55 years of experience and a track record of multi-million dollar settlements, we know how to fight for the compensation you deserve. Before accepting any offer, working with a skilled attorney can help ensure you don’t settle for less than what your case is truly worth. If you would like our support, feel free to contact us and take advantage of our free consultations. We also work on contingency, so you don’t pay us anything until we win.

Understanding Personal Injury Settlements

A personal injury settlement is a mutually agreed-upon resolution between the injured party and the at-fault party (or their insurance company) to compensate for damages and losses resulting from an accident or injury. Settlements can be reached through negotiations between the parties or through mediation. It’s essential to understand that a settlement agreement is a contract that waives the right to further legal proceedings.

When considering a settlement, it’s crucial to factor in all the damages and losses incurred, including medical expenses, lost wages, property damage, and pain and suffering. An experienced personal injury attorney can help you evaluate the settlement offer and any further damages to determine if it’s fair and reasonable.

No, You Cannot Reopen a Personal Injury Case in Nebraska

The civil justice process works by giving an injured victim one chance to secure fair compensation from the responsible party. Upon resolution of the case, the plaintiff must sign a release of liability” form before receiving a check. This form releases the defendant from any future liability for the same incident or injury. If the plaintiff refuses to sign the release form, he or she generally will be unable to collect the settlement or judgment award. Once the plaintiff does sign the form, the case cannot be reopened.

Your signature on a release form is generally why you cannot reopen a closed personal injury case. Whether you handled your case pro se (on your own behalf) or hired a personal injury attorney, you cannot obtain compensation from the defendant or their insurance companies until you sign the release form. This form is a binding legal contract that releases the defendant from further liability, even if you encounter future issues or costs. If you have already signed the release form, you typically cannot get additional compensation or reopen your case. If you are still in the negotiation stage, however, a lawyer may be able to help you achieve a better outcome.

Grounds for Reopening a Personal Injury Claim

While it’s challenging to reopen a personal injury claim after a settlement has been reached with the other party, there are some exceptions that may allow for reconsideration. These grounds include:

• New evidence: If new evidence comes to light that was not available during the initial settlement negotiations, it may be possible to reopen the case.
• Fraud or misrepresentation: If the settlement was reached through fraudulent or misleading means, the injured party may be able to reopen the case.
• Mutual mistakes: If both parties made a mistake during the settlement negotiations, it may be possible to reopen the case.
• Change in circumstances: If there has been a significant change in circumstances since the settlement was reached, such as new medical bills or additional therapy, it may be possible to reopen the case.

It’s essential to consult with an experienced personal injury attorney to determine if any of these grounds apply to your case.

The Role of a Personal Injury Attorney in Reopening a Case

A personal injury attorney plays a crucial role in reopening a case. They can make a few exceptions to help you:

• Evaluate the settlement agreement and determine if it’s fair and reasonable.
• Identify potential grounds for reopening the case.
• Gather new evidence and build a strong case.
• Negotiate with the insurance company or at-fault party to reach a new settlement.
• Represent you in court if necessary.

An experienced personal injury attorney can help you navigate the complex process of reopening a case and ensure that you receive the compensation you deserve. If you’re considering reopening a personal injury claim, it’s essential to consult with an experienced attorney who has a successful history of handling similar cases.

Make Sure You Settle for the Right Amount in Your Settlement Agreement

It is important to negotiate for a fair and full settlement the first time around since you will typically be unable to renegotiate for a higher amount in the future. You must make sure the amount offered reflects your past and future damages. If you have a serious injury that a physician believes will require future treatments, surgeries, rehabilitation, or physical therapies, include your projected future medical treatment expenses and ensure you have reached maximum medical improvement in your original settlement demands.

Failing to seek compensation for your future losses could lead to issues down the road. You may end up having to pay out of pocket for your future treatments even if you were not at fault for the accident. The best way to achieve a settlement or verdict that meets your past and future financial needs is with help from a personal injury attorney. An experienced professional will know how much you need for a serious injury, including future foreseeable costs. Since you will not get a second chance at obtaining the compensation you need from a defendant, use a personal injury lawyer now to ensure a fair result the first time around.

Tips for Negotiating With an Insurance Company

During a personal injury lawsuit case in Nebraska, you may be able to protect your rights and increase the value of your final settlement or jury verdict. Use a few tips when speaking to an insurance company and its claims adjuster for the best possible results.

• Do not give a recorded statement.
• Do not admit fault for the accident or personal injury.
• Do not give more information than requested.
• If you do not have an answer, say so.
• Do not accept the first settlement offered.
• Use a personal injury attorney for assistance negotiating with an adjuster.
• Do not sign anything until you have brought the settlement to an attorney for a review.

Having a lawyer check things over before you sign a release form can make sure you do not agree to give up your rights for less than you deserve. Remember, you cannot reopen a case once you sign a release waiver, even if you did not realize what you were signing. Work with an experienced personal injury lawyer from the start to protect your rights. Many personal injury attorneys offer a free consultation to help you understand your rights and the best course of action before negotiating with an insurance company.

Get the Right Settlement With Knowles Law Firm

Once you accept a settlement and sign a release form, reopening your personal injury case is nearly impossible. That’s why it’s critical to ensure you receive the full compensation you need from the start. We at Knowles Law Firm have over 55 years of experience negotiating fair settlements and securing multi-million dollar verdicts for our clients. Our team evaluates the true cost of your injuries—including future medical expenses—to recover compensation and protect you from financial hardship down the road.

We know how insurance companies operate, and we won’t let them undervalue your claim. Whether you need help with a legal claim, negotiating a settlement, or determining if your case has grounds for reconsideration, we’re here to fight for your best outcome. Call us for a free consultation at (402) 431-9000 or reach out through our contact form.