Posted on Monday, March 19th, 2018 at 6:56 am    

In some cases, a person may want to re-open a personal injury case to seek additional money for the claim. Reasons for reopening a personal injury case may include the discovery of permanent impairment, the need for additional surgery, or the discovery of additional medical bills from Highland Hospital or Summit Medical Center that were not paid. However, the insurance company has closed the case because you accepted a settlement. Can you reopen a personal injury case even though you settled your claim?

Unfortunately, when you settle an accident claim, you sign a settlement agreement. The agreement contains clauses that release the insurance company and all other parties from any future liability for your claim, including any damages you may discover in the future. Since you voluntarily agreed to the settlement, reopening a personal injury case is usually impossible.

Because a settlement agreement is a legally binding contract, the court is likely to deny your request to reopen the accident claim. Even though you have additional expenses, the court will view your consent to the contract as binding. Therefore, you are responsible for any future expenses or damages, regardless of the amount.

The Importance of Waiting to Settle

It can be tempting to settle an accident claim early, especially if you are out of work or you have thousands of medical bills to pay. The insurance company understands that you might need money. It offers a smaller amount than your case may be worth to end your claim before you realize that you might be entitled to additional damages.

Therefore, it is best that you wait until you have reached maximum medical improvement (MMI) before you settle your claim. MMI is the point in your recovery when your physicians agree that continue treatment will not offer any further improvement for your injury. In other words, you have reached the point where you are as “recovered” as you will be from the accident. Your doctors can then issue an impairment rating to describe the extent of your permanent disability from the crash.

Once you have a permanent impairment rating, our attorneys will analyze future damages that you might incur because of a permanent disability. For example, what will be the cost of any ongoing medical care or personal care you will incur because of the disability? Will you incur an ongoing loss of income because you are unable to work, or your earning capacity is diminished? What other damages will the permanent disability cause you over the coming years?

The total of future damages can be substantial. If you settle your accident claim too early, you could be cheating yourself out of thousands of dollars that could help pay for future expenses. Hiring an experienced Oakland personal injury attorney can help ensure that you do not settle your claim too quickly.  Your attorney will consider all factors before advising you whether a settlement offer is premature, fair, or below the value of your claim.

Call an Oakland Personal Injury Attorney for a Free Appointment

Because your first consultation free, you have no reason to accept a settlement offer without first consulting an experienced Oakland injury lawyer.

Before you sign a settlement agreement for your injury claim, contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website.  Our attorneys assist clients in Oakland and throughout the Bay Area.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.