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Posted On August 11, 2022 Personal Injury

Can a Personal Injury Case Be Reopened?

If you’re wondering if your personal injury case can be reopened, unfortunately, the answer is that once closed, a personal injury claim typically can’t be reopened, even with the help of a lawyer. No matter how good a reason these victims have for wanting the case reopened, it’s just not how the process works.

Once your case is closed, it’s closed for good – so make sure it’s handled correctly from the start!

It happens all the time – accident victims ask if it’s possible to reopen a personal injury cold case.

Their injuries are more serious than they thought, or they need to undergo a surgery they hadn’t planned on when they settled the case. They’ve been out of work longer than expected. They need more money to compensate them for losses that they hadn’t realized they had.

You only have one opportunity to pursue this case – no do-overs, no second chances. Don’t settle for less than you deserve, because you can’t ask for more money later. Clients are usually frustrated after they learn a lawsuit can not be reopened after settlement.

Can a closed insurance claim be reopened?

If you’re wondering if a closed insurance claim can be reopened, they often cannot because of release forms.  When you agree to a settlement, whether you’re handling the claim on your own or working with a personal injury attorney, part of the process includes signing a release. This form basically says that you’re releasing the defendant from any future claims related to this accident.

Release forms are a major reason why you can’t reopen a personal injury claim.

You’re signing your rights away in exchange for an agreed-upon amount of money. 

signing an agreement

The problem is that when you sign a release without a lawyer, you have no way of knowing if you really got all of the money you deserve. You had no one looking out for your best interests, so you don’t know if you’re likely to face future problems because of your injuries. You might not understand exactly what you’re giving up when you sign a release and cash your check, because you don’t have someone who understands the process to explain it to you.

If you already signed a release, the chances that you can reopen your claim are minuscule. If you’re still in negotiations and haven’t signed anything yet, now is the time to get a professional on board.

Don’t Wait Until It’s Too Late – Hire an Experienced Injury Lawyer

Unfortunately, too many accident victims wait too long to get a lawyer involved. They try to handle the claim on their own. They negotiate the best settlement they can get by themselves, and – often because they don’t know yet how serious their injuries really are – they’re settling for less than they deserve. They sign the release form and cash the check.

It’s only much later that they realize how little that check really covered, that they turn to an attorney. But by then, it’s too late. Signing that release closed their case for good, and even a professional can’t do anything to change it now.

case closed stamp

Even if you never sign a release, you can still lose your rights to pursue a claim by waiting too long to act. Personal injury claims are subject to statutes of limitations, or deadlines. If you haven’t resolved your case or filed a lawsuit by those deadlines, then you missed your chance to pursue a claim – even if you never signed a thing.

Your One Shot at Getting What You Deserve

Since you can’t reopen a lawsuit after settlement or one in which the statute of limitations has passed, you need to get the money you deserve the first time. You only have one chance to get the full amount of compensation, and to hold the careless person who hurt you responsible for what they’ve done.

How do you make sure you get everything you deserve?

  • Have a lawyer on your side. There’s a reason personal injury attorneys get on average 5 times more money than unrepresented accident victims get for themselves. We have the experience and legal knowledge to know what your case is worth and what evidence you need to win it.
  • Don’t wait until the last minute. Be conscious of the statutes of limitations and other deadlines that apply to your claim, and don’t wait until those deadlines are approaching to start working toward a resolution. If you’re getting a lawyer involved, do so as early as possible so you won’t have to worry about missing any deadlines. If you decide to try to handle the claim yourself, remember that it can take time to negotiate the best possible settlement – the insurance company won’t just offer it to you.
  • Be careful what you sign. Never sign a form or cash a check from the insurance company without carefully reading over what you’re agreeing to. If you have a lawyer, you have some protection, since there’s a professional looking over the paperwork you’re asked to sign. If you’re on your own, though, you could end up agreeing to give up all of your rights when you thought you were only settling one part of the claim. Remember, you can’t reopen a case once you’ve signed the release – even if you didn’t realize what you were signing.

Reading a form with a magnifying glass

When you only have one opportunity to get what you deserve, you realize just how high the stakes really are. Not getting enough compensation could mean that you’re unable to afford the appropriate medical care, or that your family faces a major financial hardship because of the accident. Remember, you can not reopen a personal injury case.

How much does it cost to hire a New Jersey personal injury attorney?

Our New Jersey personal injury lawyers handle every accident claim on a no-win, no-fee basis. That’s our No Win No Fee Promise. We receive a percentage of the settlement, and if the claim is not successful, you pay nothing for attorneys’ fees. No Fee Promise You Don't Pay Unless We Win Console & Associates PC

Additionally, at Console and Associates, P.C., we advance thousands of dollars in costs for each of our client’s claims – and, for cases that are far into the litigation phase, up to tens of thousands of dollars. We’re happy to take on this burden so that our clients have the opportunity to get justice, no matter what their current financial situation is.

Fortunately, you never have to worry about coming up with the money for these expenses when you have the New Jersey injury accident lawyers at Console and Associates on your side.

Contact Console & Associates, P.C. for Your Free Consultation Today 

We’ve seen firsthand what a difference it makes to families affected by an accident to have help, support, and a reason to believe that things will get better, even in the most challenging moments. Our New Jersey car accident attorneys are here to help provide that support as we serve as your partners in your pursuit of the compensation you deserve.

Your case evaluation is free, no matter what. If you choose to move forward with a claim, there’s no cost until we get results. So there really is no risk.

Give us the chance to help you. All it takes is a phone call. Call (866) 806-3125 for your free, private consultation.

Do yourself a favor and put your case in the hands of experienced personal injury lawyers from the start.

New Jersey Accident Reviews

Take a look at what some of our happy Marlton clients have to say:

“I would like to personally thank Console & Associates for being an absolutely amazing law firm and helping me with my car accident lawsuit. They have been extremely helpful walking me thru all the steps involved and explaining and answering all my questions, of which i have had a great many. This being my first injury due to a car accident they have gone above and beyond in my opinion in all aspects. Not to mention Allison has been my main point of contact throughout most of the process and has always responded quickly and kindly to my constant deluge of emails. I can’t thank her enough!!”

Richard Santora, April 4, 2021, Rating: 5/5 ⭐⭐⭐⭐⭐

We have a 4.7 average and 126 reviews on Google

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