July 11, 2025
Reopening Car Accident Claims
Once a car accident claim has been settled, it is not typically reopened. A settlement is the easiest way to reach an equitable conclusion to a dispute, but sometimes, someone who is injured in a car accident may not know how to successfully negotiate a settlement, if an attorney is not assisting. If you feel that your settlement was not fair, consult with a car accident attorney to determine whether your case is worth reopening. In some cases, reopening car accidents claims is not feasible, especially if the injured party signed a release of liability. The purpose of this release is to relieve the insurance company and defendant from any further legal action, so in most cases it prevents the reopening of the case. However, an experienced attorney can examine your contract and see if there are any loopholes that will allow you to seek further compensation. In some cases, reopening a case is warranted.
New Evidence in Car Crash Cases
Gathering evidence is one of the most important things you can do when you are in a car accident. The first step is to seek medical attention, to establish that any injuries you may have were sustained in the accident. Photographic evidence at the scene, surveillance or dashcam footage of the accidents, witness statements, and other types of evidence are also important. Sometimes, however, new evidence comes to light after the claim has already been settled. Most of the time, however, new evidence does not provide justification to open a case. If a settlement was based on an explicit factual representation by the other driver or his insurance company, and you learn later that this representation was false, there could possibly be grounds. For example, learning that the at fault driver or his insurance company misrepresented the available insurance could be a reason to readdress the case. An experienced car accident lawyer will know when and what new evidence can be sufficient to overturn a settlement .
Compensating New Medical Issues
Sometimes, something can change significantly in terms of medical issues. Medical bills may be higher than expected, or additional therapy may be needed. In some situations, a medical condition may worsen after the case is settled, necessitating further medical treatment. Finding out after a settlement that your injuries are worse or you need more medical treatment isn’t sufficient to overturn a settlement. When a case is settled, the insurance company requires the claimant to forever release the driver and his insurer from further liability. This is why it is important to know the full extent of your injuries and all the available insurance coverage before you settle your case. . Working with an attorney is the best way to make sure you understand all the pertinent details that could make or break your case.
What Are Nevada’s Legal Case Reopen Rules?
In Nevada, car accident claims cannot be reopened just because the injured party regrets the agreement or has second thoughts. Because car accident settlements are legally enforceable contracts, both parties are bound to the terms specified in the document. Legal recourse, however, can be pursued if the other party does not fulfil the obligations set out in the settlement agreement or makes a material misrepresentation that induced you to settle. Ultimately, the best course of action is to make sure that the settlement protects your interests and is as advantageous to you as possible before you sign it. This reduces the likelihood that you will need to consider reopening it, because you will have reviewed all the terms and understood all the details ahead of time. Can you do this on your own? Perhaps, but it is far better to have an attorney working with you. A knowledgeable attorney, with experience in car accident cases, will be able to cut through all the legal jargon and help you come to a settlement that safeguards your rights and is fair to you.
Trust Carvalho & Associates for Legal Help in Nevada
Navigating the legal system can be overwhelming when you are inexperienced, and that is why it is vital to work with an attorney you can trust. If you need assistance filing or reopening a legal claim, Carvalho & Associates Attorneys at Law can help. We are committed to helping our clients achieve the best possible outcomes when someone else is at fault for their accident or injury. Offering world-class excellence in legal representation, we provide expert legal support so that you can have the peace of mind that comes with knowing someone is representing your best interests. Our attorneys work tirelessly to develop a compelling case that secures your financial future, while also showing you compassion, courage, and the determination to hold the at-fault party legally responsible. When you need expert legal counsel, call or contact us through our website.