If I Need More Compensation for My Injuries After My Case is Settled Can I Reopen My Case?
Life takes unexpected turns, and injuries from accidents can have lasting effects that extend far beyond what anyone might initially predict. At the Kosnett Law Firm in Los Angeles, we often meet clients who wonder about their options after settling their personal injury cases, especially when their injuries worsen or new complications arise. This article explores the realities of reopening a settled personal injury case in California and what options might be available to you.
What a Settlement Agreement Means in California
To begin, it is essential to understand the significance of a settlement agreement. In a personal injury case, settling typically means the injured party accepts a certain amount of money in exchange for agreeing not to pursue further legal action. This agreement is often binding and is carefully crafted to ensure closure for both parties.
Once you sign a settlement agreement in California, it generally closes the door to further claims related to that injury. Essentially, the agreement often acts as a “release of liability” against the defendant, which legally bars you from bringing up new claims for additional compensation. However, as we will explore, there are certain exceptions and unique situations in which reopening a case may still be possible.
Situations Where Reopening a Case Could Be Considered
While it is rare, there are specific situations that may allow a case to be reopened. However, each case is unique and California law does not make it easy to undo settlements. Let’s look at the most common exceptions that may allow additional compensation.
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Discovery of Fraud or Misrepresentation
Fraud or misrepresentation can sometimes justify reopening a settled case. For example, if a party involved in the case hid important information or actively misled the other party, the court may consider revisiting the settlement. In personal injury cases, this might mean the defendant or their insurance company provided false information about the policy limits or concealed assets that could have impacted the settlement.
In these cases, proving fraud or misrepresentation requires strong evidence, and the burden of proof is often high. If you suspect that deception played a role in your settlement, seeking the guidance of an experienced attorney in Los Angeles is essential.
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Unforeseen and Significant Medical Complications
In some instances, a person’s injuries may become far more severe than initially anticipated. While settlements are meant to cover expected costs, they are often based on a medical diagnosis at the time of settlement. If new medical complications arise that could not have been reasonably anticipated, California law may provide limited opportunities to reopen the case.
An example might include a head injury that worsens over time or an initially minor injury that leads to a permanent disability. However, the possibility of reopening a case for additional medical expenses depends on the specific language in the settlement agreement and whether the changes in your condition were truly unforeseen.
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Legal Errors or Procedural Mistakes
Sometimes, a case may be reopened if significant legal errors or procedural mistakes occur during the settlement process. This could include situations where an attorney did not accurately communicate the settlement terms or failed to represent a client’s best interests. In other instances, it may involve mistakes in the calculation of damages or oversight during the legal proceedings.
While it is not common to reopen cases based on procedural errors, it is not impossible. California law protects parties from unfair practices, and a reputable personal injury attorney can review your case to determine whether any mistakes justify further action.
When You Cannot Reopen a Case
The truth is, once a case has been settled, it is usually closed. California courts favor finality in settlements, meaning they rarely permit cases to be reopened unless one of the conditions above is met. Additionally, settlement agreements often contain clauses that specifically prevent future claims related to the injury, even if new information comes to light. That is why it is crucial to work with a knowledgeable personal injury attorney in Los Angeles before signing any settlement. Your attorney can help assess whether the proposed compensation is adequate for your injuries and anticipated future expenses, and they can guide you in making an informed decision.
Contact Our Los Angeles Personal Injury Attorneys
For specific questions about your situation or to schedule a consultation with our experienced Los Angeles personal injury attorneys, contact Kosnett Law Firm today. We are here to help you explore all available options for your injury-related needs.
