Can I Reopen My Personal Injury or Car Accident Claim in Tennessee?

After resolving a personal injury case, whether through a settlement, arbitration, jury verdict, or other outcome, you might wonder, “Can I reopen a personal injury case?” Generally speaking, the answer to the question is no. Settlements or verdicts serve as the formal – and final – resolution to a legal dispute. There are, however, a few very limited exceptions.

Can you reopen a car accident claim?

Most of the time, you cannot open a car accident claim once it is closed. Consider this unfortunate scenario. A person is injured in a car accident. They see their medical bills piling up and rush to file a claim. Out of desperation, they quickly settle with the insurance company. However, they then learn that they are going to need additional surgery or that they are unable to perform their previous job. They did not realize how severe their injuries were before they filed and settled. With the new information, their claim would be worth far more – but it is too late.

This pitfall is the reason it is important not to accept an initial offer from an insurance company. Instead, it is better to work with a well-qualified attorney who can help you navigate your legal options. Our Nashville car accident attorneys are ready to fight for you to recover full and fair compensation, covering your needs now and into the future.

The role of release agreements

Part of the settlement process involves signing a release agreement as a required condition to receive payment. This release agreement is a legally binding contract that prevents you from filing any future claim against the other party for the relevant accident or injuries. A release agreement serves an important role because the defendant, or their insurer, is not going to settle for a reasonable amount if they believe that you can come back again and again looking for more. The payment is meant to close the book on the matter – permanently.

Are there any exceptions that would allow me to file a claim?

Though it is not common, there could be limited opportunities in which you will be able to reopen your claim. Here are a few of the circumstances where you might be able push to reopen your claim:

• There is a material mistake in the settlement: If there is some mistake that makes the contract incorrect to such an extent that it does not serve its purpose, the agreement might not be valid.
• The other side committed fraud: Fraud is a valid reason to overturn a claim. If the other side misrepresented facts, you might have grounds to challenge the settlement.
• You signed under threats: If you were coerced or threatened and only signed because of that coercion, then you might have an argument.
• Incompetence: If you were incapable of agreeing because of mental incapacity, you might be able to challenge the claim.
• The terms of the agreement violate the law: If you sign any agreement that violates the law, the law will not uphold that agreement.

You might also hear that insurance companies must act in good faith. A settlement might be in “bad faith” in these situations:

• The insurance company lied to you or failed to disclose key facts.
• The insurance company refused to negotiate.
• The company failed to communicate with you.
• You were somehow tricked into signing the offer.
• They failed to meet timeline requirements.
• You were bullied or pressured into agreeing to a low offer.

Even if you think you have a claim that the settlement should be tossed out, remember that it is your burden to prove and that you will have a high bar when it comes to invalidating a settlement. Speak to an attorney right away if you believe you might have good reason to challenge an agreement.

Multiple party cases

If the case involves multiple parties who are at fault for your injuries, you might be able to settle with more than one person or entity. Your settlement will typically only bind the party you settle with. For instance, if you were in a multiple vehicle collision, and you settled with one party, you may still be able to recover compensation from other parties that were at fault. These claims may become complicated, so it’s important to speak to an experienced car accident attorney as soon as possible.

Have questions about the car accident injury claims process? Speak to an experienced personal injury lawyer in Nashville today

After a car accident, your first step should be to contact Rocky McElhaney Law Firm to inquire about your legal rights and options. If you learn you are owed more money or, in some way, were not treated fairly, we want to hear from you so we can work to build a case for you. Set up a confidential, no-cost case evaluation in our Nashville, Hendersonville, Clarksville, or Murfreesboro offices. During the evaluation, you will get to speak to one of our experienced car accident attorneys. They will provide guidance and insight into your legal rights. Call our office or submit our contact form to schedule a free consultation today.