In limited situations, a personal injury case may be reopened, most often when fraud, misrepresentation, or certain legal errors affected the outcome. In rare cases, this happens when new facts emerge that could not reasonably have been known at the time of settlement.
In general, though, a personal injury settlement is intended to legally release the defendant from further legal action and effectively close the case.
If you discover after the case closed that the other party misrepresented facts that could have affected the outcome, you may be wondering, “Can a personal injury case be reopened to resolve this?” Talk to an experienced Denver personal injury attorney about your options.
When can a personal injury case be reopened in Colorado?
In Colorado, a personal injury case usually concludes when the injured person signs a release of liability for their damages as part of a settlement. Once signed, the case is generally final, except in limited circumstances.
- New evidence has been discovered that could not reasonably have been found before the settlement and would likely have changed the outcome
- The insurance company or defendant committed fraud, such as perjury, falsification of documents, or discovery violations
- Both parties were operating under a material mutual mistake of fact that directly affected the settlement terms
- The settlement was based on fraud, misrepresentation, or a qualifying legal defect, rather than a simple worsening of injuries
What are the barriers to reopening a personal injury case?
Signing a release legally ends your right to future claims against the defendant. Whether your case ended in a settlement or a jury verdict, the final documents generally prevent you from bringing future claims related to the same injury.
Unless your worsening medical condition is tied to fraud or new evidence, it’s unlikely that you’ll be able to get compensation for additional medical treatment. Being pressured by the insurance company into settling before you’ve reached your maximum medical improvement, unfortunately, isn’t grounds to reopen your case.
Once a release is signed, insurers typically treat the matter as closed, which is why understanding the long-term impact of settlement terms is important.
What should I do if I have grounds to reopen my personal injury case?
If you’re one of the few plaintiffs who do have grounds to reopen their personal injury claim, it’s critical to talk to a lawyer right away. An attorney can subpoena the necessary evidence and compel testimony to place fraud or misrepresentation on the court record.
If appropriate, your attorney may petition the court for relief from the judgment or settlement. The petition outlines the legal basis for reopening the case and includes supporting evidence. The court reviews your petition and may grant a new trial, void the settlement agreement, or take other action. What exactly happens depends on the specific circumstances, but you need to act fast, as the Colorado statute of limitations may further restrict your options.
Get the legal help you need for favorable settlement terms
If you’re unsure if you can reopen your case, or if you’re being pressured to accept a personal injury settlement but you aren’t sure if it’s a fair one, contact the attorneys at Zara Injury Law right away. We can review your damages and the circumstances of your accident, properly value them, and give you the right advice for your personal injury claim.
If you’re not sure if a settlement fully reflects your damages, legal guidance can help you make an informed decision. Call (866) 823-8288 today for a free consultation.