You were involved in a car accident in New Bedford, MA, and it was pretty serious. You sought medical treatment and started your journey to recovery. Your insurer contacted you with a settlement offer. The amount was much lower than you anticipated but it covered your lost wages and medical bills so you figured you would settle the claim without the help of a New Bedford car accident lawyer.
You still haven’t recovered from your injuries and there is a persistent pain that doesn’t seem to get better with time. You decide to go back for a second check-up and the doctor informs you that your car accident injuries were more severe than you first thought. It then hits you that the settlement amount you accepted will not cover your additional medical bills. Will it be possible for you to contact your insurer and re-negotiate your settlement claim?
Can a Car Accident Case be Reopened?
The general answer is “no”. Once you’ve agreed and signed the papers, you are not able to reopen a car accident claim. This is because when you signed the papers you waived your right to sue the insurer for additional damages in the future.
This is why it is always a good idea to get your case evaluated by a car accident lawyer in New Bedford before accepting any type of settlement offer. Our lawyers can review your case and advise you of your options so that you can make an informed decision.
The good news is there are circumstances under which your car accident settlement case can be reopened.
When Can You Reopen a Car Accident Settlement Case?
There are special circumstances under which you can reopen a case. These circumstances include:
1. The Paperwork Hasn’t Been Signed Yet
You verbally agreed to a settlement amount but the paperwork hasn’t been signed yet. Under such circumstances, you can still re-negotiate the settlement. However, a verbal agreement can sometimes be considered legally valid. Check with your car accident attorney to see if this is the case in your situation.
2. There Was an Error in the Paperwork
This might include writing the wrong amount in the agreement. For instance, instead of writing $50, 000 they wrote $5, 000. In such a case you can choose to have them correct the figure or reopen your case.
3. Breach of Contract
If the judgment was supposed to be paid within fourteen days and the defendant failed to do so, you can decide to reopen your case or to take legal action to enforce the judgment. In most cases, if the defendant fails to pay within the time frame given, they will never pay it and will continue to give you vague excuses in order to frustrate you into letting go of the case.
4. Incompetent Legal Representation
Your car accident lawyer might have misled you into taking a very low settlement offer because they are inexperienced or incompetent. Below are signs that may have indicated you have incompetent legal representation:
- They do not communicate regularly. In fact, you struggle to contact them.
- They are not upfront about their billing
- They promise you specific results. A good car accident attorney can offer you a reasonable idea of what to expect but not a specific result because the legal system is made up of many moving parts.
- They are unprofessional. For instance, they fail to show up for important meetings, they do not return your calls within a reasonable time, they make decisions about your case without discussing it with you first, etc.
Additionally, you might have been a victim of an ambulance chaser. If your car accident lawyer was incompetent, you can also file a malpractice claim against them and have your case reopened.
5. There was Fraud
If new evidence is discovered or the defendant hid crucial information that could have helped your case, and you were not aware of it until after you signed the settlement agreement, then your New Bedford car accident lawyer can reopen the case.
Hire a New Bedford Car Accident Lawyer to Avoid Settlement Regret
The best way to avoid a car accident settlement regret is to have your case reviewed by a knowledgeable and skilled car accident lawyer. They will review all aspects of your case before agreeing to enter into a settlement. They can give you an approximate value of your case including future damages.
If you have any questions about your car accident settlement, our car accident attorneys in New Bedford, MA, can help. Contact us at 508-999-0800 to schedule your free initial consultation.
