Experiencing a car crash can be a life-altering event, leaving you with physical injuries, emotional trauma, and financial burdens. Seeking the expertise of a Santa Monica car crash attorney can help you navigate the complex legal landscape and secure a fair settlement. However, once a settlement is reached, many people wonder if it's possible to reopen their personal injury case. This article explores the circumstances under which you can reopen a personal injury case after settlement, with insights from the seasoned attorneys at Randolph and Associates.
Understanding Settlements
When you settle a personal injury case, you typically agree to accept a certain amount of compensation in exchange for releasing the other party from further liability. This settlement will cover medical expenses, lost wages, pain and suffering, and other related damages. However, signing a settlement agreement often includes a clause that prevents you from pursuing additional compensation in the future, even if your condition worsens or new information comes to light.
Exceptions to the Rule
Although reopening a personal injury case after settlement is generally challenging, there are specific circumstances under which it may be possible. A knowledgeable Santa Monica personal injury lawyer can evaluate your case and determine if any of the following exceptions apply:
Fraud or Misrepresentation: If it can be proven that the other party engaged in fraud or misrepresentation during the settlement process, you might have grounds to reopen your case. This could involve withholding critical information or providing false statements that influenced your decision.
Mistakes or Clerical Errors: Sometimes, mistakes or clerical errors occur in the documentation or calculations of the settlement. If you can demonstrate that an error significantly impacted the outcome of your settlement, a court may consider reopening your case to correct the mistake.
Newly Discovered Evidence If new evidence emerges that was not available at the time of the settlement and could substantially impact your case, you can petition for the case to be reopened. This could include new medical diagnoses, witness testimonies, or additional information about the accident.
Steps to Take
If you believe any of these exceptions apply to your situation, acting promptly is crucial. Here are the steps you should follow:
Consult with a Santa Monica Personal Injury Attorney: Contact an experienced Santa Monica personal injury attorney at Randolph and Associates. They can thoroughly assess your case and advise you on the viability of reopening your settlement.
Gather Evidence: Compile all relevant documentation, including medical records, correspondence related to the settlement, and any new evidence that has come to light. This will support your case and demonstrate the need for further legal action.
File a Motion: Your attorney will help you file a motion with the court to request that your case be reopened. This motion will outline why you believe the settlement should be reconsidered and present any supporting evidence.
Why Choose Randolph and Associates?
Randolph and Associates have a proven track record of successfully handling personal injury cases in Santa Monica. Their expertise in car crash cases ensures you receive the best representation. The attorneys at Randolph and Associates are committed to protecting your rights. They will diligently work to secure the compensation you deserve, even if it means challenging a previously settled case.
Conclusion
Reopening a personal injury case after settlement is not straightforward, but it is possible under certain conditions. If you suspect fraud, errors, or new evidence could justify reopening your case, consult a Santa Monica car crash attorney from Randolph and Associates. Their experience and dedication can guide you through the process, helping you achieve a just outcome.
Contact Randolph and Associates, your trusted Santa Monica personal injury lawyers, for expert legal assistance to explore your options and safeguard your rights.
