Hurt in an accident? You are not alone. In total, Americans make a collective 40 million emergency room visits for physical injuries each year (Centers for Disease Control and Prevention). Through a personal injury claim, you can seek compensation for the full extent of your damages. Most personal injury cases are resolved via settlement. You may be wondering: Can I reopen a personal injury settlement to seek additional compensation? The answer is generally “no”—once a personal injury settlement is finalized it can only be reopened in very narrow circumstances. Here, our Chicago personal injury lawyer explains the key points to know about the reopening of personal injury settlements in Illinois.
The General Rule: You Cannot Reopen a Personal Injury Settlement Once Finalized
Here is the general rule in Illinois: Once a personal injury settlement is finalized, it cannot be reopened. The agreement—assuming that it is properly executed and it contains the standard release language—will require the claimant (injured victim) to waive any future claims associated with the incident in exchange for the agreed compensation. In other words, even if new injuries surface or new expenses arise, the case remains closed. For this reason, it is crucial to work with an experienced Chicago personal injury lawyer before signing a final settlement agreement.
A release of claims is a key term that is standard in a personal injury settlement. It will almost certainly be included within any settlement proposal from the defendant or its insurance company. A release of claims is a provision in which one party agrees to relinquish the right to pursue any further legal action against another party in exchange for compensation (settlement). By signing a release, the injured victims agree to permanently close the case and, thus, cannot reopen it.
The Exceptions: Three Reasons Why a Personal Injury May Reopen
While the general rule is that you cannot reopen an already finalized personal injury settlement to seek additional compensation, it is important to note that there are a few limited exceptions. A personal injury settlement in Chicago could potentially—but not automatically—be reopened if any of the following three circumstances apply:
- Agreement Was Not Actually Finalized: A personal injury case may be reopened if the settlement agreement was never actually legally finalized. While rare, this can occur if essential terms were left undefined, paperwork was incomplete, or the agreement was never signed. Parties may mistakenly believe the agreement is binding when key legal formalities are not met. If you did not finalize a settlement, you can reopen the case.
- Defendant or Insurer Committed Fraud: A personal injury settlement can be reopened if evidence emerges that the defendant or their insurer committed fraud during the negotiation process. For example, misrepresenting facts, hiding relevant information, or manipulating the victim into agreeing under false pretenses could be fraud. When fraud is discovered, the agreement can be invalidated by a court in Illinois.
- Settlement Payments Were Not Made in Full: Finally, a personal injury settlement may potentially be reopened if the defendant or insurer breaches the contract. A contract breach by the counterparty undermines the agreement. Indeed, if the agreed upon payments are not made in full, the injured victim may have grounds to reopen the case. In some circumstances, they may even be able to claim additional compensation. It is imperative that injured victims receive compensation in a timely manner.
Make Sure Your Settlement Provides Full and Fair Compensation
A settlement is often the ideal way to resolve a personal injury claim. However, it is only the right option if the agreement pays you full and fair financial compensation for your damages. Do not agree to settle a personal injury claim for less than you deserve. Before you agree to accept a personal injury settlement in Chicago, it is imperative that your damages are well-documented. Along with other types of damages, you may be entitled to recover compensation for:
- Property damage;
- Ambulance transportation;
- Emergency room care;
- Hospital bills;
- Medications;
- Medical equipment;
- Other medical bills;
- Physical therapy;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability;
- Loss of quality of life; and
- Wrongful death of a family member.
When you accept a personal injury settlement in Illinois, you should presume that it will be a full and final agreement. In other words, you should never reach a personal injury settlement agreement with the idea that you will be able to reopen your case down the road to seek additional compensation. It is very difficult to reopen a personal injury settlement and it can only be done in very narrow circumstances. A top-tier Chicago, IL personal injury lawyer can review your case and help you negotiate for the absolute maximum financial compensation.
Why Trust the Chicago Personal Injury Attorneys at Kennedy Watkins
As it is very challenging—and in most cases, not possible—to reopen a personal injury settlement, it is imperative to get things done the right way. At Kennedy Watkins LLC, our Chicago attorneys go the extra mile to protect the legal rights and financial interests of injured victims. Our team handles all aspects of the personal injury claims process—from investigating your case to documenting your damages to handling negotiations. We encourage you to review our history of verdicts and settlements and to reach out to us directly with any specific questions about your case. We hold defendants and insurers liable in settlement negotiations.
Contact Our Chicago Personal Injury Lawyer for Your Free Case Review
At Kennedy Watkins LLC, our Chicago personal injury attorneys are on your side each and every step of the way. If you have any specific questions or concerns about personal injury settlement, we are here as the legal resource that you can trust. Get in touch with us today for your free, fully confidential case review with a top attorney. With a law office in the heart of Chicago, we fight for the rights of injured victims in Cook County and throughout the wider region.