Can You Reopen a Personal Injury Case in New Jersey?

In personal injury law, it’s a sad truth: Some injury victims leave money on the table. And often, they want to reopen their cases when they realize that.

But can you reopen a personal injury case in New Jersey? 

The answer is complicated. In general, the answer is likely no, but there are some (rare) exceptions.

The Rosengard Law Group team will cover the basics of this question below. But for advice tailored specifically to you and your case, reach out to our team to schedule a free consultation. Call us at 856-284-6446 or contact us online as soon as possible.

Why Reopen a Personal Injury Case in NJ?

First, why would you want to reopen your personal injury case in the first place? 

You could have any number of reasons, but in our experience, the reason often comes down to one of two factors:

• You are experiencing damages that your initial settlement or court judgment didn’t account for. For example, a latent or hidden injury related to your accident has popped up after the fact.
• You believe that your case was somehow mishandled. Perhaps the insurance company acted fraudulently or your attorney made a mistake.
• You believe there may be grounds to appeal the unfavorable verdict in your original case.

Signing the Settlement Agreement: Finalizing Your Case

Say you signed a settlement agreement several months or years ago. Does that put an end to the discussion of possibly reopening your personal injury case?

Probably. But not always.

If you signed the settlement agreement and anything that released other parties from additional liability (often called a Release of Liability Form), you may be out of luck. But if you did not sign anything like that or are attempting to appeal a court verdict that wasn’t in your favor, you may still have options. 

Sound confusing? That’s because it is. And it’s why so many people in your situation reach out to a New Jersey personal injury lawyer.

How Can I Reopen a Personal Injury Case in New Jersey?

Frankly, it is hard to reopen a personal injury case in New Jersey. The rules are fairly rigid, but in certain cases, you and your attorney may be able to take advantage of one of the rare exceptions that may apply.

Here are some examples of situations where it might be possible to reopen your case:

• You can demonstrate that the at-fault party has not paid you the agreed-upon amount.
• You believe you can prove that the at-fault party or insurance company committed fraud that affected the outcome of your case.
• You believe that you have grounds to appeal your case that went to court. This might mean there has been a “mistake of fact” or jury misconduct.

Appealing a court verdict in New Jersey is a long road that often does not result in success. But if you believe that you are entitled to a significantly higher amount of compensation than you received, it may be a worthwhile option to pursue.

Typically, the best course of action is to reach out to a qualified and experienced New Jersey personal injury lawyer. The team at Rosengard Law Group is ready to take your call and discuss your case.

The New Jersey Personal Injury Statute of Limitations

In New Jersey, you generally have two years from the date of your injury to file a personal injury lawsuit. This deadline is referred to as the statute of limitations.

If you are considering your case “closed” because you missed that deadline, there may be some hope. That’s thanks to what’s known as the “discovery rule.”

The discovery rule allows you to sue for an injury within two years of discovering it. In other words, you may have longer than you think to file your lawsuit if you didn’t discover your injury until later.

For example, let’s say you were in a car accident four years ago, and it was the other driver’s fault. You thought you were fine until last year, when you were experiencing some neurological symptoms.

Your doctor determined that you suffered previously undiagnosed and invisible brain trauma.In that case, the time limit may extend for two years from the date you discovered your injury.

Need Help Reopening Your Personal Injury Case? Contact a New Jersey Lawyer

Reopening a personal injury case in New Jersey isn’t easy. But it is possible in some cases.

To find out your chances and any other options, speak with an experienced attorney at Rosengard Law Group. Schedule your free consultation by calling us at 856-284-6446 or contacting us online today.