Is It Possible To Reopen a Car Accident Injury Claim in New Jersey?
Filing a car accident injury claim is usually not easy and can be stressful. However, despite the hurdles an injured party may experience, working through the process and being patient to receive fair and full compensation is essential. One of the most upsetting things that a claimant can do is be overly eager to accept a settlement to receive their money quickly and end the claims process. The issue here is that an initial quick settlement offer is usually insufficient to cover the damages sustained, but once a settlement is accepted, claims are closed, and cases are over.
It can be extremely challenging to re-open a New Jersey car accident injury claim; however, in some instances, it’s not impossible. Due to the difficulties of re-opening a claim, it is usually advised to work with an attorney to understand what a claim is worth and to wait until you reach maximum medical improvement.
The South Jersey automobile accident lawyer at Monaco Law PC can review your case and advise whether you have the legal grounds to re-open your claim.
When Can You Re-open Your Car Accident Injury Claim
Generally speaking, once you accept a settlement or a jury award and sign a release of liability waiver, the courts will consider your New Jersey car accident case resolved and will not allow you to re-open it.
If certain conditions or exceptions exist, though, it can be possible to re-open your case. These would be any of the following:
- When a defendant can be proven to have engaged in fraud or intentional deception to mislead you and benefit from an unfair advantage during your case, re-opening your case could be possible.
- When a settlement is reached, there are typically terms of the agreement, such as when you will be paid and how much you are to receive. When these terms are breached, this could be a viable legal justification for having the court either enforce the settlement payment or secure further compensation.
- If substantial errors, or a mistake in fact, takes place when your settlement is reached, this may warrant re-opening your case to fix the issues and adjust your compensation so you are fairly paid for your damages.
Speak to a New Jersey Personal Injury Attorney Today
The New Jersey statute of limitations for taking legal action after a car accident is only two years from when your accident took place. This is not a very long time, so it is usually advantageous not to delay speaking with an attorney to learn more about your legal options. You are welcome to call our South Jersey personal injury lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania to discuss your case today.
We are a New Jersey personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.
