Can My Personal Injury Case Be Reopened?
When someone suffers a personal injury in Florida, they can file a claim and recover compensation from the at-fault individual. After a person files a personal injury claim, their case is either settled outside court or in court. Whether an individual’s case settles outside court or in court will depend on several things. However, most personal injury claims settle outside court.
Often, personal injury victims, especially those that work with attorneys, are satisfied with the compensation they recover after filing their claim. Some victims, however, agree to settlements that they later come to regret. For instance, a victim may accept a settlement that is based on their past medical expenses, only for them to, later on, realize that they have future medical costs that were not included in their compensation. Progressive Insurance is notorious for calling victims the day of the crash and offering them money. They usually target victims of significant car crashes. Every year we get 3 or 4 phone calls from car accident victims who regret accepting Progressive’s low settlement and signing a release because they underestimated their injuries.
If you took a settlement and are now regretting your decision, you might be wondering whether it is possible to have your case reopened.
Can a Florida Personal Injury Case Be Reopened?
Unfortunately, it is usually not possible to reopen a personal injury case. The moment you accepted a settlement from the at-fault party’s insurance company, you almost certainly signed what is known as a “Release of Liability Form.” Basically, this is a legally binding document that an injured party signs, promising not to sue the other party, i.e., the at-fault party after a settlement agreement has been signed. When you signed this release form, you generally waived your rights to seek more compensation for the particular injuries. So, regardless of the amount of unexpected expenses that have come up since you accepted the settlement and signed the release form, you are most likely going to have to deal with those expenses alone.
How To Ensure You Get the Settlement You Need
Suppose you have a pending personal injury case, meaning you still haven’t accepted a settlement. In that case, it is crucial that you take the necessary steps to ensure you don’t accept a settlement that you will come to regret in the future. But how can you ensure you get enough compensation? To make sure you recover enough compensation, one crucial thing you can do is work with an experienced personal injury attorney. An attorney can ensure that you are compensated even for future damages. For example, while it can be relatively easy to prove past medical expenses, it can be challenging to prove future medical expenses. Some personal injury victims do not even know they can be compensated for future medical expenses. A skilled personal injury attorney can collaborate with experts to determine if you are likely to incur future medical costs, and if you are, how much you are likely to incur. An attorney can also help determine how your injury has affected your working capability. Suppose an injury has highly affected your ability to go back to work. In such a case, a personal injury attorney can help you recover the money you would have been reasonably capable of earning were it not for your injury.
Bottom line: do not sign a release before getting a free consultation with an experienced personal injury attorney.
Contact a Coral Springs Personal Injury Attorney
If you have a pending Florida personal injury claim and would like help determining your case’s accurate value, contact a Coral Springs personal injury lawyer at Lyons & Snyder.
Resource:
ncbi.nlm.nih.gov/pmc/articles/PMC2709098/
