If you have already settled a personal injury case but later uncovered new evidence that could impact the outcome, you may be wondering if it’s possible to reopen the case and seek additional compensation. The short answer is yes; under certain circumstances, you can petition the court to reopen a settled personal injury lawsuit based on new evidence.
A personal injury settlement is essentially a contract between you (the injured plaintiff) and the defendant (usually an insurance company). Like any legally binding agreement, there are limited grounds on which you can attempt to invalidate or change the terms of the settlement after the fact. New evidence that wasn’t available at the time of the original settlement is one potential justification for reopening a personal injury case.
What Qualifies as New Evidence for Reopening a Personal Injury Case?
For new evidence to be grounds for reopening a settled personal injury case, it must meet certain criteria:
- The evidence must have existed at the time of the original settlement but was not known to you or your personal injury lawyer. If the evidence itself only came into existence after the settlement, it does not qualify as grounds for reopening the case.
- The new evidence must be relevant and have a material impact on liability, damages, or evaluating the extent of your injuries. Minor details or evidence unrelated to the core issues in the case are unlikely to justify reopening litigation.
- You and your personal injury attorney must be able to show that you exercised reasonable diligence in gathering evidence and investigating the case prior to settling. The court won’t allow a case to be reopened just because you failed to do your due diligence the first time around.
- The evidence should be credible and verifiable. Speculation, hearsay, or unreliable evidence will not be sufficient for reopening a settled case.
Some examples of new evidence that could potentially warrant reopening a personal injury case include:
- Medical records, test results, or expert opinions showing the full extent of your injuries were not known at the time of settlement.
- Proof that the defendant lied during discovery or intentionally withheld key evidence before the settlement.
- Eyewitness testimony that was not previously available corroborating your version of events.
- Video footage of the accident came to light after the fact.
- Evidence that the at-fault party engaged in willful or wanton conduct that was not disclosed during the original proceedings.
How to Reopen a Settled Personal Injury Case Based on New Evidence
If you believe you have grounds to reopen your settled personal injury case, here are the steps your personal injury lawyer will likely take:
Consult with a Personal Injury Attorney
The first step is to schedule a consultation with an experienced personal injury attorney to review your case and the new evidence. They can advise you on the strength of your case for reopening the litigation and the best legal strategies to potentially recover additional compensation.
File a Motion to Reopen the Case
Your personal injury lawyer will need to file a formal motion with the court requesting that your case be reopened in light of the newly discovered evidence. The motion should outline the specifics of the new evidence and explain precisely why it meets the legal requirements for reopening a settled case.
Notify Opposing Counsel
The defendant’s insurance company and legal team must be notified that you intend to reopen the case and provided with a copy of the motion and new evidence. They will be given a chance to raise any objections to reopening the litigation.
Attend a Hearing on the Motion
The judge will schedule a hearing to evaluate the motion to reopen and hear arguments from both sides. As the plaintiff, your personal injury lawyer will need to convince the judge that the new evidence is sufficient to warrant reopening the case under your state’s laws and procedural rules.
Negotiate a New Settlement (Optional)
Before proceeding to a new trial, your attorney may attempt to negotiate a revised settlement with the defendants based on the impact of the new evidence. But if the defence refuses to offer fair compensation, your case may need to go through the full litigation process again.
Proceed to a New Trial
If the judge grants the motion to reopen, the case will essentially start over from scratch. Your personal injury lawyer will litigate the case again through discovery, depositions, motions, and, ultimately, a new trial where the jury can consider the newly discovered evidence.
Is Reopening a Settled Case Difficult?
It can be challenging to reopen a settled personal injury case, but it’s not impossible. The court will not rubber-stamp any request to invalidate a resolved settlement. Rather, the judge will closely scrutinize the purported new evidence to ensure it is significant and could not have been uncovered earlier through reasonable diligence by your injury attorney.
You will need an experienced personal injury lawyer fighting hard on your behalf to convince the judge that reopening your case is justified under the circumstances. It’s important to act promptly as well, as there are strict time limits on filing a motion based on new evidence.
While certainly not easy, countless injury victims have successfully reopened their cases and obtained increased compensation when critical new evidence came to light after a settlement. With strong legal advocacy and irrefutable new proof, you may potentially achieve the same outcome.
Consult an Experienced Personal Injury Lawyer Today
If you have accepted a personal injury settlement but subsequently discovered new evidence that merits reopening your case, contact us online or call our office today to schedule a free consultation. Our experienced personal injury attorneys will thoroughly evaluate your situation and advise you on the viability of getting your case reopened. With our strong legal advocacy, you may be able to successfully invalidate the original settlement and recover the full compensation you deserve based on the new evidence. Don’t leave money on the table – let our dedicated injury lawyers fight to get you justice.
Frequently Asked Questions
Q: Can a settled personal injury case be reopened with new evidence?
A: Yes, it is possible to reopen a settled personal injury case with new evidence. If you have new evidence that was not available at the time of the settlement, you may be able to bring a motion to reopen the case.
Q: What is an injury claim?
A: An injury claim is a legal action taken by an individual who has suffered physical or psychological harm as a result of someone else’s negligence or intentional actions. It is a way for the injured party to seek compensation for their damages.
Q: What is a personal injury claim?
A: A personal injury claim is a legal action taken by an individual who has sustained injuries due to the negligence or wrongful actions of another person, business, or entity. This type of claim seeks compensation for medical expenses, lost wages, pain and suffering, and other damages.
Q: Can a personal injury case be reopened?
A: Yes, it is possible to reopen a personal injury case under certain circumstances. If new evidence comes to light that was not available during the initial case, it may be possible to file a motion to reopen the case and present the new evidence.
Q: Should I contact an experienced personal injury attorney?
A: Yes, it is highly recommended to contact an experienced personal injury attorney if you are considering reopening a personal injury case. An attorney can review your case, evaluate the strength of your new evidence, and guide you through the legal process.
Q: How long do I have to file a personal injury lawsuit?
A: The statute of limitations for filing a personal injury lawsuit varies by jurisdiction. It is important to consult with an attorney to determine the specific time frame in which you must file your lawsuit to preserve your legal rights.
Q: What types of evidence may be useful in reopening a personal injury case?
A: Evidence that may be useful in reopening a personal injury case can include medical records, witness statements, surveillance footage, expert opinions, and any other relevant documentation that supports your claim.
Q: Can I negotiate with the opposing party if I want to reopen my personal injury case?
A: It is possible to negotiate with the opposing party if you want to reopen your personal injury case. However, it is advisable to consult with an attorney before engaging in any negotiations to ensure your rights are protected and you receive fair compensation.
Q: If my case is reopened, will it go to trial again?
A: If your personal injury case is reopened, it does not necessarily mean that it will go to trial again. The reopening of the case allows for the presentation of new evidence, but it could potentially lead to a settlement agreement without a trial.
Q: How can I determine the value of my personal injury claim?
A: The value of a personal injury claim is determined based on various factors, including the extent of your injuries, the impact on your daily life, the cost of medical treatment, lost wages, and other damages. Consulting with a personal injury attorney can help you evaluate the potential value of your claim.
Key Takeaways on Reopening Settled Injury Cases
- It is possible to reopen a settled personal injury case and pursue additional compensation with new evidence.
- The new evidence must be relevant, credible, and significant enough to change the outcome of the case.
- Your personal injury lawyer must file a motion to reopen and convince the judge that the new evidence warrants invalidating the original settlement.
- If successful, your case essentially starts over through discovery, motions, and trial, where the new evidence can be presented.
- While challenging, many plaintiffs have prevailed in reopening cases with compelling new proof of their damages or the defendant’s liability.
- An experienced personal injury attorney is crucial to navigating the complex process and achieving a favorable outcome.
