I settled my personal injury case but I am still hurt and need further treatment, can I reopen my case?


Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

This question is not easy to answer but the most likely answer is No. Sometimes when someone gets into an accident your attorney can sue several people. So if your attorney settles with one defendant, and there are other defendants who have not settled, then it is possible your attorney can continue to collect more money for you even though you settled against one defendant. However such is not always the case. Often times in personal injury cases, there is only one defendant to sue. For instance in a car accident case, if your attorney sues the defendant, the insurance company will make every attempt to settle the case with the attorney prior to trial. The goal of the insurance company is to minimize the personal exposure that their client would have in excess of the policy limits. So if an attorney demands money from the insurance company as compensation for your claim, the insurance company typically will only offer to settle the case if you sign a release of all claims, meaning you are giving up your rights to pursue the case any longer in exchange for the amount of money offered. Typically insurance companies will not make payments for bodily injury claims and allow for the case to continue against their insured. Such behavior would not be in the best interest of their insured and often times could amount to a breach of duty the law requires of an insurance company to their insureds. Do not sign any release of liability of claims until you first speak to an attorney. And it is not wise to settle a case immediately after being informed of the offer by your attorney. You should always take time to think about the consequences once you sign on the dotted line.

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