Can I still reopen a personal injury case?

I settled my case last year around September with no future medical. I am still messed up from my injuries and mental condition if anything I keep getting worst. The reason I signed was because I was almost 3/4 years in to my case. They didn’t want to give me more than what they were offering they were giving me extra checks that I had to pay back with my settlement. And my lawyer was saying she couldn’t do anymore for me, to me it sounded like a bad situation. My money situation was bad at the time I had my kid in the hospital and I am bipolar. I was not in the right state of mind when I signed everything was like rushed I was supposed to see my psychologist before I signed but with my state of mind and my lawyer didn’t push me to see him first I signed. I don’t think she understood that someone with bipolar disorder will make unstable decisions in a bad situation is like I was someone else at the time. My physical and mental condition keeps getting worst I need help. Can I reopen my case I feel like I got taken advantage of my bipolar disorder? When I still needed mental help and physical treatment and way more money to continue in my future. I felt like if I kept fighting my case I was going to owe them back more in extra checks than my settlement and I was already in debt with people. Please help me out or point me in the right direction if you can. Thank you for your time.

Share |

Answered By: The Law Office of Josh Lamborn, P.C.

It is unlikely that you will be able to reopen your case. Once you settle a personal injury case you sign a release that says you cannot sue in the future and that you are signing that document knowingly and of your own free will. It sounds like you probably got the most money you could out of the settlement at that time anyway if you were 3 to 4 years into the litigation and your attorney was advising you that you agree to the settlement. Just because the money your received is now gone or was not enough does not mean that you could have gotten more. The value of your case is based not only on the injuries you suffered, but on multiple other factors, including witnesses, experts, ability to prove causation, any fault you may have in the case and sometimes most importantly, what kind of plaintiff you make. You can be grievously injured at the hands of someone who was terribly negligent, but if you are an inarticulate, unlikeable felon, the value of your case is significantly diminished. Having said all of that, you should consult with another attorney to run your facts past them in person. Seek out someone who specializes in legal malpractice to make sure that your attorney did her due diligence in the case.

Answer Applies to: Oregon
Replied: 10/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Vincent J. Bernabei LLC

If you signed a release of all claims, you cannot re-open your case.

Answer Applies to: Oregon
Replied: 10/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Tom Patton

No. Once you have settled and signed a release, your case cannot be revived. The release language is written expressly to prevent that from ever happening.

Answer Applies to: Oregon
Replied: 10/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.