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Can You Reopen A Personal Injury Case In Florida?

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You got involved in a Florida accident because of someone else’s negligence and suffered injuries. You then filed a personal injury claim against the at-fault party. After filing your claim, you recovered a settlement. When you settled your personal injury claim, you felt thrilled and relieved. Finally, you could put everything behind you and move on with your life. However, you now realize that you accepted an insufficient amount because you need ongoing medical care and were not compensated for future medical expenses. You are asking yourself, “Can I reopen my personal injury case and ask for more money?”

Unfortunately, reopening a personal injury case in Florida is often not possible. You cannot reopen your Florida personal injury case because you regret accepting a settlement or if you found out that your injuries are more extensive than you thought and need ongoing medical care. This is why attorneys usually advise personal injury victims to wait until they reach maximum medical improvement (MMI) before accepting a settlement offer. At this stage, a personal injury victim can tell the full extent of their injuries and whether they will require ongoing medical care.

When you accepted the settlement offer, you most likely signed a “release of liability” form, making it legally impossible to reopen the case. This is because you released the defendant from any future liability for the same accident and injuries when you signed this form.

Circumstances That Can Allow a Personal Injury Case To Be Reopened

A personal injury case can be reopened in some special circumstances. For instance, if the other side refuses to honor the settlement agreement terms, you may be able to reopen your case. For example, suppose the defendant agreed to pay you in a month and the time agreed elapsed since you settled your case and you haven’t received your money, you may be able to reopen your case.

Also, if there was a technical error in the settlement paperwork, you may be able to reopen your case. For example, suppose the defendant agreed to pay you $53,000. However, in the settlement paperwork, it was mistakenly written that they would pay $35,000. In such a case, you may be able to have the error corrected or reopen your case if the insurer does not honor their side of the contract.

Lastly, if fraud was involved, the case can be reopened. For example, it may be possible to reopen your case if the other side negotiated the settlement in bad faith or used tricks to defraud you out of the fair compensation you were entitled to.

Legal Help Is Available

Contact our Orlando personal injury attorneys at The Pendas Law Firm if you have questions about your personal injury settlement. We can help you determine if your personal injury case can be reopened. If your claim is still pending, we can help you ensure you only accept the settlement you deserve. Contact us today to schedule a consultation.

The Pendas Law Firm also represents clients in the Fort Myers, Tampa, Jacksonville, Fort Lauderdale, West Palm Beach, Daytona Beach, Bradenton, Miami, and Ocala areas.

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod