Can You Reopen A Personal Injury Case In Florida?
You got involved in a Florida accident because of someone else’s negligence and suffered injuries. You then filed a personal injury claim against the at-fault party. After filing your claim, you recovered a settlement. When you settled your personal injury claim, you felt thrilled and relieved. Finally, you could put everything behind you and move on with your life. However, you now realize that you accepted an insufficient amount because you need ongoing medical care and were not compensated for future medical expenses. You are asking yourself, “Can I reopen my personal injury case and ask for more money?”
Unfortunately, reopening a personal injury case in Florida is often not possible. You cannot reopen your Florida personal injury case because you regret accepting a settlement or if you found out that your injuries are more extensive than you thought and need ongoing medical care. This is why attorneys usually advise personal injury victims to wait until they reach maximum medical improvement (MMI) before accepting a settlement offer. At this stage, a personal injury victim can tell the full extent of their injuries and whether they will require ongoing medical care.
When you accepted the settlement offer, you most likely signed a “release of liability” form, making it legally impossible to reopen the case. This is because you released the defendant from any future liability for the same accident and injuries when you signed this form.
Circumstances That Can Allow a Personal Injury Case To Be Reopened
A personal injury case can be reopened in some special circumstances. For instance, if the other side refuses to honor the settlement agreement terms, you may be able to reopen your case. For example, suppose the defendant agreed to pay you in a month and the time agreed elapsed since you settled your case and you haven’t received your money, you may be able to reopen your case.
Also, if there was a technical error in the settlement paperwork, you may be able to reopen your case. For example, suppose the defendant agreed to pay you $53,000. However, in the settlement paperwork, it was mistakenly written that they would pay $35,000. In such a case, you may be able to have the error corrected or reopen your case if the insurer does not honor their side of the contract.
Lastly, if fraud was involved, the case can be reopened. For example, it may be possible to reopen your case if the other side negotiated the settlement in bad faith or used tricks to defraud you out of the fair compensation you were entitled to.
Legal Help Is Available
Contact our Orlando personal injury attorneys at The Pendas Law Firm if you have questions about your personal injury settlement. We can help you determine if your personal injury case can be reopened. If your claim is still pending, we can help you ensure you only accept the settlement you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Myers, Tampa, Jacksonville, Fort Lauderdale, West Palm Beach, Daytona Beach, Bradenton, Miami, and Ocala areas.
