Reopening a personal injury claim in New Jersey is not common, but it’s also not necessarily impossible. While settlements are typically binding and alleviate the defendant of any further liability, there are some exceptions to this, like if the defendant engaged in fraud or coerced you into signing a settlement.
We can see if reopening a closed personal injury claim is possible based on the defendant’s conduct or their attorney’s actions. If you are eligible, we can motion the court or file appeals to reopen the case and explain the grounds to reopen it. If the case gets reopened, we may renegotiate a settlement or even take the case to trial. Reopening a case is not always possible, so you shouldn’t sign a settlement agreement until our lawyers confirm it is good enough.
To schedule a free case assessment with Agrapidis & Maroules, P.C., call our New Jersey personal injury lawyers at (201) 777-1111.
Can You Always Reopen a Closed Personal Injury Claim in NJ?
You can only reopen a closed and settled personal injury case under very specific circumstances. Plaintiffs should assume that reopening the case after they settle is not possible and should only sign a settlement with which they are completely comfortable.
By signing a settlement agreement, you agree to its terms and to resolve the case. You can’t just change your mind because you’ve realized you need more compensation after signing a settlement and try to reopen the case.
Since being able to reopen a case is rare, you should take settlement negotiations very seriously. Allow our attorneys to leverage evidence, send counteroffers, and get the settlement amount you deserve.
Though you may want to settle fast, let us negotiate for as long as necessary to get a fair offer. If you settle too quickly, you may accept a lowball offer that leaves too many damages uncovered.
Appealing a trial verdict is different from reopening a case that has settled, and is also only possible in specific situations.
When Can You Reopen a Settled Personal Injury Claim?
Generally speaking, signing a settlement closes a personal injury lawsuit and absolves the defendant of any further liability. However, there are exceptions to this, which could give the plaintiff reason to motion the court to reopen the case and seek more compensation.
Fraud or Misrepresentation
The defendant engaging in fraud, misrepresenting facts of the case, or withholding vital evidence are generally good reasons to reopen a personal injury lawsuit in New Jersey. Such conduct makes the plaintiff unable to make an informed decision regarding whether or not to accept a settlement.
Mutual Mistake
You may also be able to reopen a settled personal injury lawsuit on the grounds of “mutual mistake.” This means that your previous attorney and the defendant’s counsel must have made a fundamental mistake during the lawsuit, relying on incorrect information, which affected its outcome.
Coercion
Plaintiffs who are coerced into accepting bad settlements may be able to reopen their lawsuits. Being pressured into signing a settlement or not understanding its terms is unfair. If this was your experience during your initial claim, you should contact our Jersey City personal injury lawyers. Give us any correspondence from the defendant or their attorneys of a threatening or intimidating nature.
Can You Reopen a Dismissed Personal Injury Claim?
Suppose you withdrew a personal injury case by filing a motion of dismissal, and the judge dismissed your case “without prejudice.” This type of dismissal allows the plaintiff to refile their case in the future, though there are caveats to this.
For example, you must follow the original statute of limitations for your personal injury lawsuit if you refile. If you delay refiling and two years pass from the date of injury, you may not be able to refile and seek compensation.
If your case is dismissed with prejudice, that means you may not refile it in New Jersey. A judge can dismiss a case with prejudice for insufficient evidence or other reasons, even if the plaintiff voluntarily wanted to withdraw the lawsuit.
Based on the type of dismissal your case received from the judge, our lawyers can determine whether or not you can refile it in New Jersey.
Can You Appeal a Lost Personal Injury Lawsuit?
You may still get the compensation you need, even if your personal injury lawsuit is initially unsuccessful. Our attorneys can review your original case, see if there is cause for an appeal, and start the appeals process on your behalf.
We have 45 days after a lawsuit ends to file a Notice of Appeal. That is not long at all, so waste no time bringing our attorneys up to speed on your case.
We may appeal a personal injury judgment for very specific reasons, such as the original case containing a procedural or legal error. Plaintiffs cannot appeal a lost personal injury case simply because they disagree with the outcome, which makes filing a successful, compelling lawsuit vital.
What if You Need to Reopen a Closed Personal Injury Claim in New Jersey?
Contact our attorneys if you need to reopen a closed personal injury claim in New Jersey. We can review your case, the settlement agreement you signed or reason for the dismissal, and all the evidence involved. We can also determine if you can reopen the case and which exception applies.
Provide us with the settlement agreement you signed to resolve the personal injury lawsuit. We can carefully read it, along with any other documentation from your case. The settlement agreement provides details on the amount the defendant agreed to pay and other key information.
If your lawsuit was dismissed, we can review all original court documents to learn exactly what happened during the original case.
Then, tell us why you need to reopen the case. Also, tell us why you think the defendant acted fraudulently or coerced you, and give us any correspondence or other evidence you have that can prove it. Tell us if you want to appeal a lost case, too, and we can review that possibility. We can organize evidence into a compelling argument that the case should be reopened, refiled, or appealed in New Jersey.
Call Our NJ Injury Lawyers for Help Today
Contact Agrapidis & Maroules, P.C. at (201) 777-1111 to discuss your case with our Paterson, NJ personal injury lawyers for free.