Accident victims who feel they were not fairly compensated for their injuries and ensuing losses often ask, “Can a personal injury claim be reopened in Ohio?” There are provisions within the law that allow reopening a personal injury (PI) claim after a settlement. For instance, you may have a solid legal basis to reactivate a personal injury claim after your settlement if you were forced or tricked into signing the release form. You may also reopen a PI claim if multiple at-fault parties are involved.
The claim will require an alternative legal approach because you are reactivating a settled case. Navigating the legal system and working through the claims process can be challenging for the ordinary Ohio resident. The solution is to hire a lawyer experienced in handling personal injury lawsuits and reactivating settled claims.
At Young, Reverman & Bolotin, we are committed to seeing justice extended to people harmed because of the negligent actions of others. We are a team of qualified and skillful lawyers with years of experience handling personal injury claims throughout Cincinnati and Centerville, Ohio. Contact us at 513-400-0000 to schedule a free case review with one of our personal injury lawyers to help you reopen your injury claim.
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Under What Circumstances Can a Personal Injury Claim Be Reopened?
When you agree to the settlement offered by the at-fault party’s insurer, the insurer may require you to sign a release. Think of a release as a liability waiver. It’s a written agreement in which you (the claimant) waive or relinquish all claims against the defendant for injuries, property damage, and pain and suffering you endured. You free the at-fault party from liability, including strict liability, in the case.
While it’s not a legal mandate to sign the release, insurance companies usually require claimants to sign it. You should sign the document if it has reasonable and fair payment terms.
The release is a legal document. By signing it, you accept the settlement amount. In exchange, you agree not to pursue further legal claims against the defendant or the insurance company. The terms of the release are legally enforced, even if:
- You discover that your claim value was worth much more
- Your injuries are worse than you initially thought
- You accumulated additional damages after the settlement
The language used in a release may include legal jargon that might be foreign to a non-lawyer. Hiring a personal injury lawyer early in the process ensures you have someone with legal knowledge to interpret the release terms in a manner you can understand.
Once you sign the release form, you are not expected under the law to bring a new claim against the defendant for the same accident. But, can you reopen an injury case in Ohio? Some circumstances may compel the court to be flexible and allow the plaintiff to reopen an already-settled personal injury claim. They include:
Fraud or Coercion
You may have a strong ground to reopen the insurance claim after settlement if you were compelled to sign the release form through fraud or coercion. Seek legal help for further case review if you discover that the insurer engaged in bad faith acts during negotiations.
Claims With Multiple Defendants
In a claim involving multiple defendants, you can sue other at-fault parties separately after settling the first case. On many occasions, the plaintiff negotiates with only one defendant. When you only deal with one defendant, the release frees only that defendant from liability. If another party contributed to your injuries and damages, you can still sue that party and receive compensation.
Example: Let’s assume you get injured in a car accident and settle the claim with the blameworthy driver. You, however, discover a defective part in your car contributed to the accident. In this scenario, the manufacturer is partially to blame for the accident and your injuries. You can sue the vehicle manufacturer, provided you submit the claim within the stipulated timeframe under the statute of limitations.
The Ohio statute of limitations give you up to two years from the accident date to file a suit. To reactivate a settled claim, however, you will have to wait at least 24 months (two years) after the settlement date to file for a claim reopening. You must prove that the discomfort or disabling symptoms you are experiencing are a direct result of the injuries you sustained from the accident.
What Are the Challenges in Reopening a Personal Injury Claim?
Perhaps the greatest challenge of reopening a personal injury case is finding solid grounds to bring a new lawsuit after the original claim gets settled. Reactivating a case is challenging, and you might need more than the simple “the settlement was unfair” argument. Issues that may prevent you from getting your rightful compensation include:
Proving the Exact Where and When
You must prove the exact location and time when the accident occurred. You must also mention the date and location you discovered new facts about the case that prompted you to reactivate the lawsuit. The insurance provider may deny your claim if you cannot prove the location and time.
Insurer May Blame You for Your Medical Expenses
Insurance companies always look for ways to minimize their financial responsibility. An insurance company may blame you for your medical costs. For example, an insurer might accuse you of ignoring the doctor’s advice. For a workers’ comp claim, if you return to work before getting cleared by your doctor, you might tilt the case against you.
Insurer Blames You for Your Injuries
Determining liability can be a back-and-forth game in a personal injury case. In its bid to lower its financial risk, the insurer may blame you for your injuries. The “modified comparative fault” rule governs fault determination and compensation in personal injury cases in Ohio. Under this law, you can only be awarded compensation if your share of liability in the accident is less than 50%. You will receive nothing if the court determines that your percentage liability is more than 50%.
Even playgrounds carry insurance for injuries. All playgrounds must have insurance to cover all the risks to which they might be liable. For instance, things like broken equipment are a safety hazard. The management will be legally and financially responsible if the broken equipment injures a child.
How Your Lawyer Can Help You Reopen a Personal Injury Claim
Reactivating a personal injury claim happens under unique circumstances. Understanding the laws and statutes governing these exceptions can be challenging to someone with little or no legal experience. A Cincinnati personal injury lawyer will simplify the reactivation and legal processes.
The lawyer will re-examine the case and explain your rights and liabilities. He or she will advise whether you have solid grounds to reactivate a claim. Your lawyer will also liaise with your doctor to determine the extent or long-term implications of your injuries.
To help you file a solid second claim, you can count on your personal injury lawyer to:
- Obtain and organize all legal documents – A lawyer who has handled claim reactivation for years knows the documents required and any other receipts that will help the case. These documents include medical records, witness testimonies, and correspondence with insurance adjusters and defense attorneys.
- Discover new evidence – Since you must establish grounds for reopening a case, a personal injury attorney can help you identify new evidence, organize it, and articulate it in legal terms. New evidence may be anything from new medical diagnoses to additional eyewitness accounts.
- Negotiations with the insurer – Personal injury lawyers are accustomed to negotiations with insurance companies. Insurance companies find loopholes to avoid paying more than they have already paid for a settled case. With legal representation, you can be sure that your interests are heeded and that you receive the additional settlement entitled to you.
How Much Will it Cost Me to Hire a Lawyer for my Claim’s Reopening?
Many personal injury law firms charge clients a contingency fee of between 25% and 40%. Most PI claims get settled out of court, and attorneys usually charge 33.33% of the settlement amount. If the case gets resolved through a trial process, expect to pay about 40% of the awarded compensation in lawyer fees. Other attorneys charge hourly rates, allowing you to pay your injury lawyer by the hour.
Young, Reverman & Bolotin is your go-to law firm if you need to reopen a settled personal injury claim. Whether you are reopening a workers’ comp, bicycle accident, or slip-and-fall incident, you can count on us to fight for your rights. Contact us to set up a free case evaluation with one of our personal injury lawyers.