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Whether you can reopen a personal injury case in Washington, DC, depends on how your case ended. For example, if the insurance company denied your claim, this is not the end of the road, and you can file a personal injury lawsuit. However, if your case is settled and you signed a release, it can be very difficult to reopen. Keep in mind that you have only three years to file a lawsuit. In most cases, once the deadline has passed, you lose the right to file.
You may have been told by an insurance adjuster, “You can always reopen the claim if your condition changes.” That is not true. What you can do next depends on how the claim was closed.
It is rare to reopen a case after accepting a settlement. Think of a personal injury settlement as a contract. When you sign the release, you give up the ability to sue for your injuries in exchange for payment. The release also covers injuries that get worse over time. For example, if you need surgery six months after settling a back injury claim from a car crash, the settlement you signed is supposed to cover that surgery.
There are very few exceptions that allow you to reopen a claim after a settlement:
This is why you should speak with a personal injury attorney before signing any settlement agreement. An attorney can calculate how much your claim is worth, taking into account any future medical treatment you may need, such as surgery or physical therapy.
Yes, the claim can be reopened because it was never closed in the first place. A denial is not the final ruling. The insurer’s decision does not end the case, and you still have the opportunity to respond. You can present new evidence, such as a second opinion from a doctor or a missing witness statement, and ask the insurance company to reconsider.
You can also go the legal route and file a personal injury lawsuit. This will put the dispute in front of a judge and jury, who will have the final say on your claim.
A denial also does not pause the filing deadline. The statute of limitations in DC is three years, which may sound like a lengthy period, but it can pass quickly.
This depends on the kind of dismissal it was. A dismissal without prejudice means the court has not decided the claim on its merits, and you may be able to file the suit again.
A dismissal with prejudice is the final decision on the claim. It can only be revisited through a Rule 60(b) motion, which asks the judge to relieve you from a final judgment for reasons such as mistake, newly discovered evidence, or fraud by the other side. Motions based on those three reasons must be filed within one year, and every Rule 60(b) motion must be made within a reasonable time.
Start with the paper. Find the release, the denial letter, or the dismissal order, and write down the date on each, because every option above turns on the exact wording and the dates. Gather any medical records or evidence that did not exist, or were not available, when the case ended.
Then have a Washington, DC personal injury lawyer read the document itself. Releases differ, dismissal orders differ, and a short summary of what happened rarely shows which category your case falls into. If the injury date was more than a year or two ago, say so at the start of the conversation, since the filing deadline may decide which options remain.
The injury attorneys at Regan Zambri Long have been helping injured people throughout the DC area for nearly four decades. We explain everything in detail and answer your questions so you can make an informed decision about your settlement.
To discuss your situation, contact Regan Zambri Long to schedule a free consultation. There is no fee unless we win.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.