Settling a personal injury claim can provide much-needed financial relief after an accident. However, what happens if your injuries become more serious, you discover new evidence, or you later realize that the settlement did not adequately compensate you? A common question is: Can a personal injury claim be reopened?
In most circumstances, reopening a settled personal injury claim is difficult. However, depending on the circumstances and the applicable law, there may be limited exceptions.
What Happens When a Personal Injury Claim Is Settled?
When a personal injury claim is resolved through a settlement, the injured person will generally sign a release of liability. This document typically confirms that the claimant accepts the agreed compensation in exchange for giving up the right to pursue additional claims against the released parties arising from the same incident.
Once the settlement has been completed and the release is binding, simply discovering that your injuries are more serious than originally expected usually is not enough to obtain additional compensation.
This is why it is important to understand the full extent of your injuries and potential future losses before accepting a settlement.
When Could a Claim Potentially Be Reopened?
Although settlements are generally intended to be final, certain circumstances may provide grounds for challenging a settlement or pursuing a separate claim.
1. Fraud or Misrepresentation
If the settlement was obtained through fraud, intentional misrepresentation, or concealment of important information, a court may, depending on applicable law, consider whether the agreement should be set aside. Courts generally require evidence sufficient to establish that the settlement was improperly obtained.
2. Mutual Mistake
A settlement may sometimes be challenged when both parties made a significant mistake concerning an important fact. Whether a mutual mistake is sufficient to invalidate a settlement depends on the applicable jurisdiction and the facts of the case.
3. The Settlement Was Not Fully Completed
If the parties have negotiated a settlement but the release has not been signed or the settlement has otherwise not been finalized, there may be more options available. However, whether an agreement is already legally binding can depend on the terms of the agreement and local contract law.
4. Another Responsible Party Is Involved
A release may not necessarily eliminate every potential claim against every person or company connected to an accident. The exact language of the release is critical. If another potentially responsible party was not covered by the agreement, a separate claim may remain possible, subject to applicable deadlines.
What If the Claim Was Dismissed?
A dismissed lawsuit is different from a settled claim. The consequences may depend on whether the case was dismissed with prejudice or without prejudice, as well as whether the applicable limitation period has expired.
A dismissal without prejudice may, in some circumstances, allow a claim to be filed again. A dismissal with prejudice generally creates a much stronger barrier to bringing the same claim again.
Act Quickly If You Believe Your Claim Should Be Reopened
Time limits are extremely important. Limitation rules can restrict when a lawsuit may be filed or when a settlement may be challenged. In some circumstances involving fraud or mistake, legislation may provide specific rules affecting when the limitation period begins to run.
If you believe your personal injury claim was settled unfairly, do not assume that the case is automatically hopeless. Personal Injury Lawyers Perth review the settlement agreement, release, medical records, correspondence, and other relevant documents as soon as possible.
Speak with a Personal Injury Lawyers Perth
Can a personal injury claim be reopened?
The answer is usually no after a completed settlement and release but not necessarily in every case. Fraud, mutual mistake, an incomplete settlement, or claims involving parties outside the original release may create potential legal options.
Because the outcome depends heavily on the wording of the settlement documents and the law applicable to your case, obtaining legal advice before taking further action is important.
