After an accident, you may hope to recover full compensation for medical bills, lost wages, or other damages. But sometimes, after a settlement, new symptoms appear or additional expenses come up. This raises an important question: can you reopen a personal injury case in New Jersey? The answer is usually no, but there are exceptions. Understanding your options before signing a settlement can protect your right to the compensation you need.
Can You Reopen a Case?
Once a personal injury case is settled in New Jersey, it is usually final. Signing a settlement agreement and a Release of Liability closes the case and prevents you from pursuing additional compensation for the same injuries. Settlements are designed to give both parties closure. Before a case is settled, negotiations can continue for as long as needed, and sometimes cases go to trial. After settlement, your options are limited. The release ensures the defendant is not liable for any further claims.
Exceptions and Workarounds
While reopening a personal injury case is rare, some exceptions exist. For example, if you can show that the defendant engaged in fraud, misrepresented facts, or hid important evidence, a court may allow you to reopen the case. This type of misconduct can prevent you from making an informed decision during settlement.
Reopening may also be possible in cases of coercion. If you were pressured into accepting a settlement or did not fully understand the terms, you may have grounds to challenge the agreement. A mutual mistake could also allow reopening. This happens when both parties relied on incorrect information, and the mistake affected the outcome of the settlement.
Another situation is when the defendant fails to pay the agreed compensation. If this happens, legal action may be necessary to enforce the settlement. These exceptions are rare, and proving them typically requires strong evidence and legal support.
Why You Should Wait To Negotiate a Settlement
Before agreeing to a settlement, it is often wise to wait until your injuries are fully clear. In New Jersey, you have two years from the date of the accident to file a personal injury claim. This gives time to understand the full extent of your losses, including future medical costs.
Attorneys usually recommend waiting until maximum medical improvement. Maximum medical improvement means your injuries have healed as much as they can. Settling too early may leave some damages unaccounted for. Waiting allows you to calculate medical bills, lost wages, and any ongoing expenses more accurately.
Filing a Release of Liability
A Release of Liability form confirms that both parties agree to the settlement. By signing it, you give up the right to pursue further claims. The document often protects the defendant from admitting fault while allowing the plaintiff to receive compensation.
It is important not to sign a release without legal advice. If there is any chance your case could change or your injuries worsen, keeping your claim open longer may allow for higher compensation. A lawyer can review the settlement and advise whether signing is the right step.
Reopening a Dismissed Case
If your personal injury case was dismissed before a settlement, the type of dismissal matters. A dismissal without prejudice allows you to refile the case, but you must do so within the original statute of limitations, usually two years from the accident. A dismissal with prejudice prevents refiling, often because of insufficient evidence or a court ruling.
An attorney can review the dismissal documents and determine whether your case can be refiled. This includes checking if any procedural issues or mistakes occurred during the original lawsuit.
Appealing a Lost Personal Injury Case
Losing a personal injury lawsuit does not always mean the end of the road. In some cases, an appeal may be possible if there was a legal or procedural error. Plaintiffs cannot appeal simply because they disagree with the outcome. There is a strict deadline of 45 days after the case ends to file a Notice of Appeal. Acting quickly is important if you believe your case has valid grounds for appeal.
Working with a lawyer ensures the appeal is properly filed and supported with evidence. Attorneys can review the original trial, check for errors, and present a strong argument for why the outcome should be reconsidered.
Collecting Compensation with the Help of a Personal Injury Lawyer
Even if a case cannot be reopened, a personal injury attorney can help maximize your compensation through insurance claims, settlements, or workers’ compensation claims. Lawyers gather evidence, document your losses, and communicate with insurers on your behalf. They can help calculate damages, including future medical expenses and non-economic damages like pain and suffering.
Having legal support can make the process smoother and reduce the chance of errors that might limit your recovery. Attorneys can also advise on the best time to settle and ensure the compensation you receive fairly reflects your total losses.
Get Legal Help Today
Reopening a personal injury case in New Jersey is rare, but there are exceptions for fraud, coercion, misrepresentation, or mutual mistake. Dismissed cases may be refilled under certain conditions, and appeals may be possible in limited situations. Waiting until maximum medical improvement and consulting a lawyer before signing any settlement helps ensure you do not miss out on full compensation. If you have questions about reopening a personal injury case or your settlement options, call Chamlin, Uliano & Walsh at (732) 229-3200 to discuss your case with an experienced attorney today.