Can You Reopen a Settled Personal Injury Case?

When you settle a personal injury claim in South Carolina, you are asked to sign a Settlement Agreement and Release. This is a legal document that means you cannot pursue more money for this claim in the future, and it also means the other party has no further responsibility for your injury. Because this decision can significantly affect your future, it is important to carefully consider and calculate any future damages before settling. These may include expected medical bills, lost income over time, and home modifications as your condition changes. Taking the time to understand these factors helps ensure your needs are met moving forward.

We understand how overwhelming it can feel when a personal injury case seems closed. Although you cannot usually reopen a settled case, there are limited exceptions—such as new evidence, fraud, coercion, or a mutual mistake of fact. If these circumstances arise, your attorney may file a motion to reopen the case. At The Law Offices of L. Morgan Martin, P.A., our Conway personal injury lawyers are committed to supporting you and will work tirelessly to help you pursue the compensation you deserve.

Discovery of New Evidence

In most lawsuits, the settlement agreement is the final word. This prevents the plaintiff from recovering additional compensation for their injury claim. While this may provide the defendant with reassurance, it can leave the plaintiff feeling that their options are limited. However, the discovery of new evidence can change all of that.

New evidence does not permit every settled personal injury case to be reopened. Generally, a personal injury case can be reopened if the following apply:

• The evidence is material (would have changed the outcome of the case had it been introduced),
• The evidence could not have been found at the time of trial, even if you or your attorney tried hard to find it. This means the evidence existed but was not discoverable to you when you first went to court

Proving that evidence was unavailable at trial is often the hardest part. For example, it can take months to get back DNA evidence. If such evidence had changed your case’s outcome, the court may reopen the matter.

Fraud or False Pretenses

If the defendant made misrepresentations you relied on, you may reopen your case. Fraud can also be committed by the defense attorney or the defendant’s insurance company. This could mean lying witnesses, providing false insurance information, or withholding details. If a party refuses to comply with a discovery request before litigation, the other side may file a motion to compel discovery. After settlement, the process becomes more complex.

Coercion or Duress

If you were forced to sign the settlement against your will, you may challenge it. To reopen the case, you must show you were under legal duress or undue influence at signing. For example, you may not have understood the terms due to your mental state. Proving legal duress is difficult, but it can void a legally binding agreement.

Mutual Mistake of Fact

If both parties misunderstood settlement terms or relied on false information when agreeing, you may be able to reopen the case. I understand this situation can be frustrating, especially if the misunderstanding concerns a material fact, such as the payment of damages or the miscalculation of lost wages. Although this is a rare exception, most attorneys strive to ensure both parties fully understand settlement terms to prevent confusion.

Speak with Our Conway Personal Injury Lawyers Today

If you recently learned new information about your personal injury settlement, you may want to check if your case can be reopened. Our Conway personal injury attorneys can review your case to determine whether additional recovery is possible. For a free consultation, contact The Law Offices of L. Morgan Martin, P.A. online or by calling (843) 248-3177.