Can a Case be Reopened After Settlement: Exploring Your Legal Options | Wyatt Injury Law

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Can a Case Be Reopened After Settlement?

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Most parties usually agree to settle a personal injury claim outside of court to save time and avoid expenses and the uncertainty of going to trial. An experienced personal injury attorney will often help injured victims seek fair compensation for their damages and other losses.

However, if the victim pursues a personal injury claim without legal assistance, they might receive a lesser offer from the at-fault party or insurance company. In such situations, can a case be reopened after settlement? Usually, you cannot reopen a case after a settlement agreement unless certain exceptions apply to your case.

Experienced personal injury lawyers can help you reopen a personal injury lawsuit if the circumstances of your case allow it. At Wyatt Injury Law, we prioritize clients who wish to reopen a lawsuit and fight for maximum compensation. We have successfully reopened cases for clients, sometimes after discovering that the at-fault party concealed crucial information during initial negotiations.

In other instances, a client’s medical condition worsened after the settlement. We reopened the case to pursue additional compensation. Contact our law firm for a free consultation to learn more if you are in a similar predicament. Here is what you should know about reopening a case after settlement and seeking further compensation.

Understanding a Personal Injury Settlement

Can a lawsuit be reopened after settlement? Personal injury victims must understand that a settlement is the easiest way to resolve a dispute. In personal injury claims, parties can settle their differences through negotiations or legal action.

Victims can recover compensation in both ways, but seeking fair compensation without a personal injury lawyer by your side during negotiations is tricky. The settlement terms are difficult to enact since victims might not know the full extent of their injuries. When the at-fault party pays the victim, they expect the case to be dismissed and the victim to sign a release of liability.

This liability contract prevents you from taking legal action even if you did not achieve a fair settlement. In regular circumstances, an experienced personal injury lawyer will advise you not to pursue a settlement amount until you reach maximum medical improvement.

However, pursuing further damages is difficult if the victim signs the liability release agreement. The release clause absolves defendants and their insurance companies from further liability. You can pursue more compensation only if exceptions to the liability release clause exist.

Circumstances that May Warrant Reopening a Case Despite Settlement Agreement

Although most personal injury blog posts will tell you that you cannot reopen a lawsuit, this isn’t necessarily true. An experienced attorney can help you analyze the release of liability contract and the awarded compensation to determine if you can secure more money for your medical bills, lost wages, future damages, property damage, and other losses. Contact a Glendale personal injury lawyer now to discuss your case.

It is your legal right to contest the initial offer and have an attorney by your side during settlement negotiations or lawsuits. When your lawyer analyzes what the contract states and how the signing occurred, they can help you determine if there are exceptions to the release of liability contract. In most cases, the accident victim can reopen a lawsuit despite the settlement agreement under the following circumstances.

New Evidence

Evidence plays a crucial role in settlement agreements in a personal injury case. The strength of the evidence often influences the settlement offer. Reopening settled cases can occur when significant new evidence comes to light that wasn’t available before. Sometimes, this might mean holding other parties liable, which can aid the victim in their financial recovery. This can occur in a car accident, for example. Contact a Phoenix car accident lawyer to learn more.

Fraud or Misrepresentation

Reopening a case after a settlement can happen if the settlement was made through unethical means, including fraud or misrepresentation. In these circumstances, you can seek compensation beyond the initial settlement offer for your medical expenses and other losses.

Mutual Mistakes

The victim, the other party, and the insurance company can make mistakes during the settlement agreement. In such cases, the court will diligently analyze the settlement offer, which may allow the case to be reopened.

Change in Circumstances

Even after settling a personal injury claim, significant changes in the parties’ circumstances can reopen the case. New medical bills, additional therapy, car repairs, or medical treatment can play a role in reopening cases. Still, everything depends on the circumstances of your case and the strength of your legal representation.

Addressing the Legal Grounds and Requirements For Reopening a Settled Case

The Arizona Rules of Civil Procedure, Rule 60(c), is often invoked in reopening settled cases. However, you must adhere to the legal deadline and demonstrate a valid legal basis for reopening the case.

Can a lawsuit be reopened if you miss this deadline? Most likely not, so you should consult a personal injury attorney to understand the applicable deadlines and legal options. The court will evaluate the merits of your claim and determine if your accident case can be reopened. Contact a Scottsdale personal injury lawyer for a free consultation to learn more.

The Challenges and Process Involving in Reopening a Case 

You cannot reopen a personal injury case without strong legal arguments and new evidence. The challenges involved in these legal aspects are that the court may scrutinize the grounds of your request as will the other party and their insurance company since they will have to pay more for your injuries and other losses.

Insurance companies focus on saving money rather than paying fair settlements. The best way to reopen a case after a settlement agreement is to consult with a personal injury lawyer.

A lawyer specializing in case reopenings can thoroughly analyze the circumstances of your case—including the settlement agreement and the stipulated exceptions—and will gather evidence to demonstrate fraud, mistakes, or other circumstances necessary to reopen the case. Your injuries, medical treatment, and other expenses might be reevaluated and inspected.

The case reopening process isn’t easy, but with a dedicated personal injury lawyer by your side, you might pursue a fair settlement even in these circumstances. Contact the law office of Wyatt Injury Law to learn more.

Pursuing a Personal Injury Claim The Right Way

To pursue fair compensation for their accident injuries and other losses, victims should pursue a personal injury claim the right way from the beginning to avoid the challenges and hassle of reopening a case. Here are some crucial aspects to understand related to personal injury claims in Arizona:

Gathering Evidence

In a personal injury claim, gathering evidence can begin from the moment of the accident. To ensure you can correlate your injuries to the accident, victims should seek immediate medical attention. Medical treatment will help you prioritize your health and establish a link between your injuries and the accident.

Without medical records, the other party can argue that your injuries are attributed to an unrelated event, weakening your claim or lawsuit. Until you reach maximum medical improvement, you cannot know what your injuries are worth since you will be subjected to various treatments. The medical bills and associated treatments for the emotional trauma will pile up depending on the severity of your injuries. Therefore, you can argue for compensation.

Photographic or surveillance footage and witness statements can strengthen your claim, and the police report will also play a role in establishing liability.

Insurance Company And Negotiations

An insurance company will use their adjusters to investigate the accident. Since Arizona follows a pure comparative negligence system, accident victims can recover compensation even if they are 99% at fault.

Although this might sound good for those involved in accidents, it makes the battle to prove negligence fiercer. After all, an insurance company is interested in making money, not giving it away.

During settlement negotiations, they might tempt the victim to sign the documents early to settle the case regardless of the fairness attributed to the compensation. However, a personal injury lawyer can help victims pursue a fair settlement from the beginning and even handle communication and negotiation with insurance companies. If negotiations cannot be concluded fairly for the client, their lawyer will advise them on whether or not to pursue a lawsuit.

Consulting With a Personal Injury Lawyer

Working with a personal injury attorney can save you the hassle of reopening a case later. A lawyer can thoroughly analyze your case, gather evidence, establish the liable parties, and help you hold them accountable. A lawyer can advocate for your rights and best interests if a lawsuit is inevitable. Most lawyers work on a contingency fee basis, so you won’t have to pay anything unless they win your case.

Working With Wyatt Injury Law

At Wyatt Injury Law, we fiercely protect the rights and interests of our claims in personal injury cases, including reopened ones. Our founding member, attorney Justin Wyatt, is a seasoned trial lawyer and active member of the Arizona State Bar.

Our law firm and attorneys have received numerous honors and accolades throughout our years of practice, such as being included in The National Top 100 Trial Lawyers. Whether you wish to pursue a personal injury lawsuit, require legal assistance during negotiations, or need to reopen a case to pursue a fair settlement, we are here for you.

Contact our law office today for a free consultation without obligations on your case. Our lawyers work on a contingency fee basis. You won’t pay unless we win.

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Client Testimonials

Real Clients, Real Success Stories

Justin Wyatt represented my husband after a motorcycle accident. He and his staff were personable, professional, and so hard working. He cared about us, and it showed. It was a difficult time for us, but we were able to focus on my husband's recuperation, knowing that Justin was taking care of everything else for us. Thank you so much!

- Sara Hendrickson

I was referred to Wyatt Injury Law by a friend after an accident with uninsured driver who ran a red light. After feeling pretty hopeless and being turned down by 3 other attorneys (one flat out told me cases like mine are a pain the a** and he just wants to retire), I almost gave up on the whole thing. After getting off the phone with Justin, I instantly knew I was in good hands. He and his team were excellent at communicating every step of the process to me and keeping me in the loop. His team made a very well organized effort in getting me the rightful reimbursement for my injuries, pain and suffering. I was very happy with the outcome of my case and would not hesitate to refer Wyatt Injury Law to my friends should any one of them need such personal injury representation in the future.

- Irene Amrine

Justin is incredible! I can't say enough wonderful things about him! He helped me through a very difficult time in my life and career. He provided guidance, understanding, and moral support. I never hesitate to refer any of my clients to Justin! I know he will take excellent care of any person who calls, visits, or meets with him! He is a wonderful human being!

- Donna Fendon

I, my husband, and my best friend from college were all involved in a horrific car accident on one of the local freeways. We were rear ended by a pickup truck and we all suffered significant injuries. Justin Wyatt was recommended to us by a trusted friend. From the moment we first spoke to Justin, we knew we were in the right hands. He is extremely knowledgeable, professional, and tenacious. He and his team worked tirelessly to settle our case and exceeded our expectations. We highly recommend Wyatt Injury Law to anyone in need of a personal injury attorney.

- Tracey Sahnow

The group at Wayatt Injury Law truly went above and beyond in handling my personal injury claim. They diligently explained every situation in detail to me and answered all of my questions. I had the pleasure of dealing with Justin, who from the very start, was upfront and realistic regarding the situation and expectations. In the end the Wyatt Injury Law maximized my claim for which I am very grateful. I was very fortunate to fall into the care of the Wyatt Injury Law, PLLC, and I would strongly recommend them to anyone in need of a law firm to handle a personal injury matter.

- Maria Bosovski

Justin took care of my husband & I after we were rear ended on the freeway and our vehicle was totaled. We were referred to him by a friend. He took great care of us and we just finished our case. He and his staff were great always there to help and answer any questions we had. He walked us through the whole process. Justin is very knowledgeable and will fight for you. He truly cares about his clients and is always a phone call or text away. While we were in the middle of our case with him our son was in a serious motorcycle accident and he is also taking care of him as well. We will definitely recommend Justin at Wyatt Injury Law to anyone in need! Thank you Justin!!!

- L Vail

Justin and his team were amazing. I started my claim with another attorney and for over a year there was no movement on my case. Justin came recommended by a friend and from the first appointment with him it was night and day compared to my dealings with a previous attorney. Expectations were set early on and he was able to close out my injury claim within 3 months! Justin Wyatt and his office did an outstanding job and they were able to secure an awesome settlement.

- Blanca Garcia

Justin Wyatt and his associates are professional, proactive, informative, and kind. They kept me up to date on the status of my case, communicated professionally with all parties involved, and resolved the matter completely and efficiently. Most important to me, Justin is a friendly, honest, engaging guy who was kind from start to finish. He explained every aspect of the case in layman's terms, making it easy for someone without a legal background to understand. If you want quality legal representation from an honest and ethical attorney, contact Just Wyatt. I'm happy I did and wouldn't hesitate to work with Justin again.

- Mindy K

Justin and his team have helped me immensely after I was a victim of a T-Bone car accident. I was hesitant to bring in a lawyer into my case, but Justin and his team reassured me that everything would be taken care and has gone above and beyond what I could have asked for. Justin handled everything very professionally, communicated with my party and I very often, and saw that everything went as smoothly as possible for me. I cannot recommend him enough, so if you're looking for the best injury lawyer, Justin and his team with Wyatt Injury Law is the route you want to go. Thank you, Justin!

- Cori

The whole team at Wyatt Injury Law was fantastic. They handled everything and made the process easy for me. I had contacted many personal injury attorneys (the big names you see on billboards and buses) and no one would take my case. If it wasn't for my cousin convincing me to pursue this personal injury case I wouldn't have followed through. It took months to find Wyatt Injury Law but well worth it. Don't hesitate to give them a call.

- Shelley Reynolds

From day one of having Justin & his team was such a comfort. They gave me the needed confidence to stay focused and positive, on such a difficult case. More importantly, they treated me as a friend and not a client. You and the team did such a wonderful job in all aspects of the case. Ya'll worked tirelessly to ensure the best possible outcome on my behalf, and I can't thank you enough, and will always be grateful for all of your efforts.

- Luis Avila

Whenever anyone of my friends or family is in need of a personal injury attorney, I don't hesitate to recommend Wyatt Injury Law. Justin and his team are fair-minded, professional, and do everything in their power to ensure a good outcome for their clients. Don't take on an insurance company yourself, call Wyatt Injury Law FIRST. You won't regret it!

- Jim Summers

I found Wyatt's group by searching through Korean Times pages. My husband is more comfortable with speaking Korean, but Justin Wyatt helped my husband with his best work, start to end. He and his staff were personable, very knowledgeable and so hard-working. He cared about us, and was easy to talk to. It was not a fun time for us to go through all that, but we were able to get it done in a short time, Justin took care of everything in time and went through the steps with us. Thank you so much me and my husband really appreciate you!!

- Julie Cha

Justin's counsel was extremely beneficial to me and my situation. I was dealing with a situation involving car accidents and insurance and he helped me understand what I should do. You can tell he has acute judgement and a good character. Highly recommend

- Spencer

Justin and his whole team did an amazing job with my case I can't thank them enough, professionalism, high quality, responsive. I would highly recommend if you or your loved one looking for the best injury lawyer. Contact with Wyatt injury law firm PLLC. Thank you Justin.

- Samuel

I was referred to Wyatt Injury Law through another referral in May of 2022. Upon first speaking with Justin and his team I knew that I was going to be taken care of and that is exactly what happened! This process took a little over 2 years to complete, and there were numerous hurdles to jump over, but Justin never took his foot off the pedal. I would highly recommend Justin Wyatt and his team to take care of any of your injury law needs!

- Jacob Knudson

I had the opportunity to work with Justin’s firm over the last year. Justin is an exceptional legal professional and assisted me with an injury settlement case. His level of professionalism and expertise was apparent from the very beginning, and I felt confident that I was in capable hands. Justin and his team kept me updated on the progress of the case every step of the way. He handled this case with sensitivity and tact. Overall, I am extremely satisfied with the services provided by Wyatt Injury Law firm. They demonstrated exceptional communication skills and were able to effectively represent my needs and concerns throughout the process. I would highly recommend their services to anyone in need of legal assistance. Thank you for your outstanding service Justin!

- Edward Appiah Boateng