Can You Reopen a Personal Injury Claim in Tennessee?

Once you’ve finalized your personal injury claim, the relief of securing compensation can feel like a colossal weight finally lifted off your shoulders. But what if things don’t go as expected? Maybe you never received the payment, or the compensation turned out to be far less than what you need. In some instances, new evidence could emerge, changing everything about your case. When this happens, you might wonder if you can reopen your personal injury claim. In this blog, we break it all down for you.

Is It Possible To Reopen a Personal Injury Case?

Reopening a personal injury case is rare, but it may be possible in some situations. In most cases, settlements are usually final, especially if you signed a release of liability form. This form waives your right to pursue additional compensation from the at-fault party after agreeing to the settlement. Once you sign the form and receive the payment, the case is typically closed for good.

Possible Exceptions

Some exceptions allow you to challenge a settlement or reopen your case. One of the most common reasons is the discovery of new evidence. If new, crucial evidence emerges, such as security footage proving fault, this can provide grounds for reopening your case. However, the evidence must be new, not something reasonable diligence could have uncovered earlier. It’s also worth noting that realizing your injuries are worse than you thought doesn’t qualify as new evidence. That’s why understanding the full extent of your injuries before agreeing to a settlement is essential.

Clerical errors in a settlement agreement can also be grounds for reopening a case. If there’s a clerical error in your settlement agreement, such as a missing zero that turns a $50,000 settlement into $5,000, you may have legal grounds to correct it.

Another situation where reopening a case may be possible is if the insurance company engaged in bad faith tactics. Some insurers pressure victims into accepting unfairly low settlements by misleading them about their rights or the claim’s value. If you were bullied, manipulated, or misinformed, you might have grounds to challenge the agreement. Similarly, if you were mentally incompetent at the time of signing, whether due to medication, a traumatic brain injury, or another condition, you may be able to argue that the settlement was invalid.

Sometimes, one may discover that another party was responsible for the accident. If a newly identified defendant is liable, you may file a separate claim against them. This isn’t technically “reopening” a case but instead pursuing additional compensation even if your original case was settled. Additionally, if the responsible party fails to follow through, you may be able to take legal action. Here, you may also not necessarily reopen a case. You may file a separate lawsuit against them for breach of contract to enforce the terms.

Since reopening a case can be challenging, your best bet is to get it right the first time. Work with a skilled attorney to help you accurately calculate your damages and carefully review your settlement agreement before signing.

Contact a Knoxville Personal Injury Attorney Today

If you need help with a closed personal injury case, contact our Knoxville personal injury attorney at Reynolds, Atkins, Brezina & Stewart, PLLC, today to evaluate your situation and explore your legal options.

Source:

law.cornell.edu/wex/breach_of_contract#:~:text=A%20breach%20of%20contract%20occurs,to%20resolve%20the%20ensuing%20disputes.