Can I reopen a personal injury case after settling?
In virtually all cases, no. When you sign a settlement release, you permanently waive your right to seek additional compensation for that injury from those defendants, even if your injuries later prove to be significantly worse than expected. This finality is one of the most important reasons not to settle prematurely — before maximum medical improvement is reached and the full scope of your damages is understood. There are extremely narrow exceptions: if the release was obtained through fraud or misrepresentation (the defendant concealed information that would have materially affected your decision to settle), in some cases a court may set aside the release. Additionally, if you settle with one defendant in a multi-party case, you may be able to preserve claims against other defendants not covered by the release, depending on how the release is worded. Always have your attorney review the release language before signing to ensure you are not inadvertently releasing parties you did not intend to.
For informational purposes only. Not legal advice. Consult a licensed attorney.