If you are about to settle a personal injury claim involving a traumatic brain injury, you may wonder if you will be able to reopen your case if you discover that your injuries are more serious than you think. Unfortunately, you are not able to reopen a personal injury case once it has been closed in most cases. As a result, it's essential to speak with a personal injury attorney before you attempt to settle your case.
You will need to sign a release before your personal injury case is resolved. The release states that you are freeing the defendant from any future claims. You will then receive a settlement and any future expenses that arise will be your responsibility to pay for. If you do not have the funds to pay for these additional expenses, you may be forced to sell assets or even file for bankruptcy.
Speak with an Attorney Before the Release
If you have never been party to a lawsuit before, you may not completely understand what you are agreeing to as you sign the release. An attorney can look over your settlement and help you determine whether the settlement offer is in your best interest.
Do Not Procrastinate
When you have suffered from a serious head injury, you may find it difficult to manage your day-to-day activities and you may also be focused on attending doctor's appointments and participating in rehabilitation. However, you will not want to procrastinate because there is a deadline for when you may be able to file a lawsuit for compensation for your head injury.
Even if you believe that you cannot afford an attorney, you may be able to at least receive a free consultation. After the consultation, the attorney may be able to take your case with no money down and will only be paid if you receive a settlement.
When a Personal Injury Case Can Be Reopened
If the defendant commits fraud, an attorney might be able to successfully void a general release. For example, if an insurance provider managed to mislead you, the case could be reopened and you may be able to pursue further damages.
Even if you have settled the case with one party, this doesn't mean that you can't pursue a case against another party. For example, the manufacturer or your automobile might be partially at fault for your head injury. Speak with services like Shapiro Law Group about how you can pursue compensation for your injuries.