A settlement is just that; put another way, finalize resolution. To overturn would need to show fraud, for example. Did you have an attorney?
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If there was already a lawsuit and the case was settled, then you must have signed a release, which prevents you from bringing any any future claims against that defendant for that particular incident. Assuming this is true, you cannot "reopen" the case. However, if you have health insurance, you can at least obtain any further medical care through that coverage.
I wish you the best of luck.
My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing the claim in the future. If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.
If the case was settled you most likely signed a release and the claim cannot be reopened even if you are having increased problems related to the injury. It is hard to say if your case is worth more as time has gone by because, I am sure that your attorney argued that you would experience problems in the future. It is hard to get insurance companies to give more money for pain and suffering unless you have substantial medical bills or actual wage loss.
To be safe I recommend you have an attorney review your file and see if your release was executed properly.
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It sounds like the case was settled, and you likely signed a release, thus, no.
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Agree with other counsel that if you signed a release, which is the document which typically gives up all (including future) rights to pursue the subject claim in exchange for payment of money, then in most instances you would not be able to pursue that party again. That is, after all, the point of the release: you receive money in exchange for giving up your right to further pursue your claim against the party which just paid you.
Some releases, however, do contain provisions which permit you to assert your claim against other, unrelated, responsible parties (if any exist, of course). That depends on the facts of the claim, and certainly how the release was drafted.
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If your former attorney committed malpractice in settling your claim you could have a claim against the attorney. Have your file examined by an attorney experienced in personal injury. Ask the attorney if there is anything that can be done and if it appears there could be attorney malpractice.
If you signed a release of the defendant, you are not able to reopen any claim. That is why it is always advisable to make sure that you are at maximum medical improvement before you settle any claim. People who rush to settle their claims, while still under active treatment, often regret doing so.
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