Can You Reopen a Personal Injury Case?

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After getting into a car accident I called Barbara and it was the best decision I ever made. She is amazing! I couldn’t have asked for a better lawyer to represent me. She got me the best settlement to pay back my medi...

Dave Henry

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The fight with insurance companies is just as hard as fighting for your life after an accident. As long as you dont give up on yourself Barbara will fight for you. The staff at Kidwell and Gallagher were great as well. I...

Angie Peters

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These two are specialists in two related fields, personal injury and workmen’s comp. Both they and their staff were VERY responsive to me and my questions, and handled my case with patience and competence. I would,...

I. E. Music

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I feel like kidwell & Gallagher went above and beyond for me. Craig himself and his staff are so nice and helpful. I would highly recommend this law office for your workmans comp/injury needs. You will not be disappo...

Ashley

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The best place to go if you need good hometown lawyers. They are very informative and kept us updated on what was going to happen through out our case.

Jim Mathers

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Was the best experience, we told them the problem and they took over everything, was such a relief. Always there to answer any questions and help is fast is possible.

Marcela Abrams

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I was at my job mountain crew changes there in the basement of kidwell and Gallagher

Cindy Allen

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They weren’t able to help with my case, but they directed me to someone who could.

Jeremy Oehlert

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Getting injured in an accident can be a costly and life-altering experience. Whether it’s a car accident, slip and fall, or any other personal injury, the aftermath can be physically, emotionally, and financially challenging. 

When you file a personal injury claim, the ultimate goal is to receive fair compensation for your damages. But what happens if you settle your case and later realize that the settlement was not sufficient? Is it possible to reopen a personal injury case? 

Our Reno personal injury attorneys can help you navigate through this complex process.

Settling a Personal Injury Claim

When you reach a settlement agreement in a personal injury case, you are typically required to sign a legally binding contract known as a settlement agreement. This agreement states that you are accepting the settlement amount in exchange for releasing the other party from further liability. Once the settlement agreement is signed, it becomes final, barring you from reopening the case in the future. 

It is important to carefully consider the terms of the settlement and consult with a personal injury attorney before signing any agreement. If you accept an insufficient settlement, 

Exceptions When You Might Reopen a Claim

While signing a settlement agreement typically prevents reopening a personal injury case, there are a few exceptions where you might have the opportunity to reopen your claim:

  • Fraud or Misrepresentation: If you discover that the other party involved in the case committed fraud or deliberately misrepresented information, you may have grounds to reopen the case. It is crucial to gather supporting evidence and consult with a personal injury attorney who can guide you through the legal process.
  • New Evidence: If new evidence emerges after the settlement that was not available at the time of the initial claim, reopening the case may be possible. This could include new medical records, expert testimony, or eyewitness accounts that strengthen your case.
  • Breach of Settlement Agreement: If the other party fails to fulfill their obligations stated in the settlement agreement, such as not making the agreed-upon payment, you may have grounds to reopen the case and seek enforcement of the settlement terms.
  • Minors and Incapacitated Individuals: In cases involving minors or individuals who are legally incapacitated, the court may allow the case to be reopened to ensure that their rights are protected. This is done to ensure that the settlement is fair and in the best interest of the minor or incapacitated individual.

Let Our Reno Personal Injury Attorneys Evaluate Your Options

Reopening a personal injury case is a complex legal process that requires a thorough understanding of the law and strong advocacy skills. If you believe that you have grounds to reopen your personal injury case, consult with an experienced Reno personal injury attorney. 

At Kidwell & Gallagher Injury Lawyers, our dedicated team of attorneys has extensive experience handling a wide range of personal injury cases. We will carefully evaluate your specific situation, gather relevant evidence, and provide you with expert guidance on the best course of action.

Don’t let an unfair settlement leave you in a difficult situation. Contact Kidwell & Gallagher Injury Lawyers today to schedule a free consultation. 

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.