Settling a personal injury case can be a major relief, but what happens if you believe the settlement was unfair? If a case is settled, can it be reopened? We at Sargon Law Group have experience serving personal injury victims in Arizona, California, New Mexico and Colorado. Our guide may help you understand whether it’s possible to undo a settlement.
Understanding Settlements and Reopened Cases
Settlements are legally binding agreements between the parties of a case. In some situations, the plaintiff may discover new information after settling and start to wonder if a case can be reopened after it’s settled. Reopening a settled case is complicated and requires a careful analysis of many factors.
What Does It Mean When a Case Is Settled?
When a personal injury case is settled, it means both parties have agreed on a resolution without going to trial. Typically, the defendant or their insurance company agrees to pay a specific amount to the plaintiff, and in return, the plaintiff agrees to release the defendant from further liability related to the claim. Both parties typically sign a settlement document to formalize the agreement. Once this document is signed, it closes the case.
Can You Undo a Settlement?
Generally speaking, once both parties settle a case and sign the agreement, it is extremely difficult to undo the settlement. Courts are hesitant to reopen settled cases because the purpose of a settlement is to bring finality to the dispute. That said, if the parties reached the settlement under circumstances such as fraud, coercion or misrepresentation, courts may be willing to undo the settlement.
How Do I Reopen a Settlement?
To reopen a settlement, you will need to prove to the court that you have a significant reason–such as the discovery of fraud or misrepresentation. For example, if you find out that the other party withheld critical information that would have impacted the settlement amount, you and your personal injury attorney can file a motion in court requesting to reopen the case.
Can You Change Your Mind After Accepting a Settlement?
Once you accept a settlement and sign the agreement, you cannot change your mind. The settlement agreement is a contract that binds both parties to its terms. If you later believe the amount was insufficient, courts usually will not allow you to revisit the settlement. This is why it’s important to fully understand the settlement terms before signing.
Sargon Law Group Can Help Evaluate Reopening Settled Cases
If a case is settled, it can’t be reopened unless you discover exceptional circumstances. If you’re wondering whether you can reopen your case, contact us at Sargon Law Group. With our experience serving personal injury victims in Arizona, California, New Mexico and Colorado, our Phoenix injury attorneys are committed to helping you reach the best possible outcome.