Attempts to reopen a claim following a settlement are unlikely to prevail. In most cases, a settlement is a final decision, and the injured party will sign a legally binding document that prevents them from taking further action against the party that signed the agreement.
There are a few rare exceptions where reopening a claim might be an option. Additionally, in the event that you didn’t settle a claim but rather resolved the dispute through litigation, a New York car accident lawyer might be able to work with you on filing an appeal.
Given the complexity of attempting to reopen case files following a legal settlement, it is extremely important to find an experienced legal advocate who can represent you in the dispute. Here is information about reopening a claim and the very limited circumstances that might permit post-settlement agreement modification.
Most cases settle, which is to say, the parties reach a legally binding agreement without the court making a decision. This process is in contrast with litigation, where a judge, or jury, may make decisions.
In some cases, an injured person might settle before even filing a lawsuit. Other times, the injured person might work with an attorney to sue the at-fault person and settle before the court reaches a decision.
A settlement agreement will include a clause that releases all future claims against the paying party, meaning that once you sign, you cannot sue over that matter again in the future unless something new happens creating another, separate cause for a legal action.
Reopening a settled case, in general, is not common. However, there are a few reasons it might be possible, including:
While these circumstances are uncommon, there is one other potential way to recover beyond the original settlement. There are some cases where another party, perhaps an employer, or an establishment that served liquor to the liable driver, might share in the liability with the party that settled. In such instances it could be possible to file an additional claim.
If you believe that the other party engaged in fraud, deceit or other behavior that invalidates the original agreement, your first step should be reaching out to an experienced attorney. An attorney can help look into the agreement, conduct a settlement review, and identify whether there might be grounds to file a lawsuit. Reopening the case or filing a lawsuit for the first time could be an option if something legally improper occurred.
Your lawyer can also help identify other parties that might be liable and offer additional sources of compensation.
In situations where the original agreement was fraudulent or otherwise not legally binding, your attorney may file a car accident claim to seek damages or declare the agreement void.
Alternatively, if another person or party is responsible, your attorney may initiate new litigation by filing a lawsuit against that defendant in the appropriate jurisdiction.
In both cases, the parties may gather evidence, depose witnesses, and potentially take the case to trial.
The greatest challenge will likely be proving that grounds exist upon which to bring the case to court or rescind the original settlement. Case reopening is a challenge, and just identifying a reason that the settlement terms were unfair will likely not be enough.
For instance, if you underestimated your damages, injuries, and losses, that will not count as a valid reason to reopen a case. Valid reason are often less about proving fault and more about a contractual dispute.
In New York, you only have two years to file a car accident lawsuit. If you neglect to file within that time, you lose your ability to seek compensation from the liable party. If your attorney identified another party that might share liability for your injuries, you will have two years from the date of the injury to file that claim.
In the event that you are pursuing a claim based on fraud, the statute of limitations allows two years from the date that you identified the fraud or could reasonably identify the fraud. The total amount of time for these cases is six years, after which the court would prevent the case from moving forward.
While it may be too late in some cases, the best way to avoid the need to reopen a claim is by having an experienced attorney conduct the initial settlement negotiations. The reviewability of a claim is extremely limited once you enter a settlement.
However, it is not impossible, so if you suspect there might be a valid reason to reopen a settled claim, you should reach out to an attorney to determine your legal options. For a consultation with an experienced personal injury lawyer, contact Spektor & Associates P.C. today.
