If you were hurt in an accident caused by someone else’s negligence, the insurance company may have denied your claim, or you may have accepted a settlement offer. However, you might incur additional medical expenses, experience unexpected consequences, or have other concerns that make you want to reopen your San Antonio personal injury claim.
Most personal injury claims are final. However, there may be times when it’s possible to reopen a claim. An experienced personal injury attorney can evaluate your situation and explain your legal options.
Why Most Personal Injury Settlements Are Final
When you accept a settlement, you are typically required to sign a release form that states that you are giving up your right to sue the insurance company and/or the defendant for the same or any other legal claims you may have against them. You sign this release as a condition for receiving settlement money.
This is a legally-binding contract. It protects the defendant and/or insurance company from the threat of future lawsuits.
Generally, such release forms will state that you cannot reopen the claim or make a legal claim for the same or similar matters. This applies even if you incur additional medical bills or have other losses related to the accident.
Because most San Antonio accident claims are final, it’s important that you carefully review the settlement offer and ensure that the settlement value properly represents your losses. An experienced attorney can help you evaluate the settlement and fight for the compensation you deserve.
Reasons When You Can Reopen a Personal Injury Case
There are limited circumstances when you might be able to reopen a personal injury claim, such as:
- No settlement agreement: You may be able to reopen your personal injury claim if there was no settlement agreement or the insurance company denied your claim. Your lawyer may be able to present compelling information about why the denial was improper and fight for the compensation you deserve.
- No exclusion on the claim: If you have another claim that you can make against the defendant, or the release form didn’t prohibit requesting additional compensation, you may be able to pursue the matter.
- Fraud: There is generally an exception to not being able to reopen claims if the other party engaged in fraud in getting you to accept the settlement.
- Contract grounds: Settlement agreements are legally binding contracts. You may have valid grounds to void the contract under contract law.
The best way to determine whether you may be able to reopen your claim is to work with an experienced 18-wheeler accident attorney in San Antonio who can review your particular situation.
Claims Against Other Parties
While you might not be able to make an additional claim against the same defendant, you might have legal grounds to make a claim against another party. For example, if you were injured in a car accident and filed a claim against the at-fault driver, you might still have a claim against their employer if they were working at the time of the accident or an auto part manufacturer if a defective auto part contributed to the accident.
A thorough accident investigation can help determine if another party could be held liable for the accident.
Contact Our Personal Injury Lawyers for a Free Case Review
Don’t risk settling your case for less than you deserve. An experienced attorney from George Salinas Injury Lawyers can carefully review your claim and prepare it for maximum compensation the first time around. Contact us today for a free case review.