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Can a personal injury case be reopened?

Mishicot, WI |

We were in car accident in 93.They ran red light and hit us.I was in physical therapy for several years. We setteld 2 years after accident. .As pain was much better. Only one small fracture was found at the time in my pelvis. I now have spent 10+ years going to several drs and clinics trying to deal w pain.Have been told it is direct result of injury and nothing more that can be done for me. Have found 4+ old healed breaks and more issues from this accident. Pain is life long and forever. Am I able to go back and re open this case now that we know this is forever?I wanted to try every route before I thought about reopening this can of worms. Now I know I have no hope.

Attorney Answers 3


No. You can not reopen an old personal injury claim that has been settled. It sounds like there was insurance covering the car that ran the red light in 1993 and no insurance company would settle the claim without having you sign a full and final release. The title of the document may vary, but universally, insurance companies require releases that settle any and all claims, present and future even to the extent that symptoms and effects of the injury, unknown now, may arise or become known only later. Specific language makes a settlement final.

This answer is provided for informational purposes. True legal advice may only be obtained in an office consultation with an attorney in your jurisdiction with experience in the area in which your concern lies.

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Mr. Myers is correct. It is highly likely that you signed a full and final release forever releasing the defendants/insurance company in exchange for the money your received; therefore you would be unlikely to have any claim related to the incident.

Disclaimer: This Post does Not create an attorney-client relationship and does Not constitute legal advice. Do not act, fail to act or otherwise rely on this Post. This Post is for general informational purposes only. Consult a licensed attorney in your jurisdiction.

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I can think of no basis to reopen a personal injury case, once it has been settled. The insurer requires that a written release be signed by the claimant, once the verbal settlement has been reached, and before the insurer will tender a settlement draft to the claimant and/or their attorney. Inevitably the release bars any future claims against its insured arising out of the same accident/injury. Even in the absence of a signed, written release, the courts in some jurisdictions have enforced verbal settlement agreements, in certain cases.

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