Reopening a car accident claim in New Jersey can be a challenging process because settlements and trial awards are typically final. However, it’s sometimes necessary for the injured party to reopen the case to receive fair compensation for their injuries and losses.
In general, it’s best to enter every personal injury claim with the assumption that you will not be able to reopen it once it concludes. You should be familiar with the statute of limitations and work with your attorney to settle only after reaching your maximum medical improvement.
If you still need to reopen your case, you must first prove to the court why reopening it is necessary. An experienced Roseland car accident injury attorney can assist you with this process.
New Jersey Car Accident Statute of Limitations
The first thing you must know about your car accident injury claim is the statute of limitations. In New Jersey, the statute of limitations for filing a personal injury claim is two years from the accident date.
This timeframe sets a strict deadline for initiating legal action against the at-fault party. Failing to file your claim within this period will likely result in the courts barring you from recovering compensation, and it may be impossible to reopen your case. For this reason, talking to an attorney as early as possible is crucial.
However, the statute of limitations does not necessarily apply to reopening your case. You may be able to petition the courts to reopen it even beyond this deadline as long as you filed your initial claim within it.
Can You Reopen a Car Accident Claim in New Jersey?
You can only reopen a car accident claim in New Jersey under certain conditions. Typically, the courts consider the case closed once the parties reach a settlement or the jury reaches a decision at trial and the plaintiff signs a release of liability waiver.
In general, it is better to delay closing your case than to try to reopen it after the courts close it. The two primary ways of doing this are by not settling your case until you reach your maximum medical improvement and by not signing the release of liability waiver.
Why Reaching Maximum Medical Improvement Is Vital
Before you settle your car accident claim, it’s vital to reach your maximum medical improvement (MMI). Maximum medical improvement is when your condition is stable, and your treating physician doesn’t expect you to recover or improve further.
If you settle your claim before reaching your maximum medical improvement, you may receive inadequate compensation for your ongoing and future medical needs. For example, it may be difficult to predict the medical bills of future surgeries you may require to recover further.
What happens if you settle your case and discover additional injuries or complications later? You would likely be unable to reopen your case to seek additional compensation. This is precisely why you should wait to settle your claim until your treatment is complete and you know how much compensation you require.
Release of Liability Waivers
A release of liability waiver is a document signed during the settlement phase of a car accident claim. This waiver indicates that the injured party agrees to forgo any future claims against the at-fault driver and typically marks the end of the claim process.
However, specific scenarios can make the release of liability waiver invalid. For example, if the at-fault party engaged in fraud by hiding facts from the injured party, that could result in an invalid waiver and the potential for the courts to reopen the case.
Exceptions Allowing You to Reopen Your Case
Certain exceptions may lead to the court reopening your car accident claim in New Jersey. These exceptions usually relate to issues that fundamentally undermined the fairness or validity of the original settlement agreement.
The main three exceptions are acts of fraud committed by the defendant, non-payment of the agreed-upon settlement offer, and a mistake in fact that alters the outcome of the settlement agreement.
Acts of Fraud
Fraud involves the intentional deception by one party to secure an unfair advantage in a case. If the courts discover that the defendant engaged in fraudulent behavior during the settlement process, such as hiding crucial information or falsifying evidence, you may have grounds to reopen your claim.
Proving fraud requires substantial evidence and often relies on the assistance of an experienced attorney.
Settlement Non-Payment
If the defendant doesn’t pay, delays paying, or only partially pays the agreed-upon settlement without just cause, you may be able to reopen your claim. Non-payment generally violates the terms of the settlement agreement, which could provide legal justification for revisiting the case and petitioning the court to enforce payment or seeking additional compensation.
Mistake in Fact
A mistake occurs when a critical misunderstanding of an aspect of the case occurs at the time of the settlement. This mistake could involve the misdiagnosis of injuries, an incorrect estimation of damages, or other substantial errors.
If you discover a significant mistake, in fact, post-settlement, you may be able to reopen your claim to correct the error and seek fair compensation for your injuries.
Roseland, New Jersey, Car Accident Attorney
Reopening a car accident injury claim in New Jersey requires the assistance of an experienced personal injury attorney. You need an attorney who can assess your case, identify potential grounds for reopening your claim, and guide you through the legal process so you receive the compensation you deserve.
Were you injured in a car accident in New Jersey? Call Brach Eichler Injury Lawyers at (973) 364-8300 or contact us online for a free consultation with one of our Roseland car accident lawyers. We’ll provide an evaluation and explain your legal options.
Having a knowledgeable attorney with a proven track record by your side is the best way to protect your rights. Whether you’re preparing to file your initial personal injury claim or you need assistance reopening your claim, our team is here to help.
Related Posts:
Common Causes of Motorcycle Accidents
Why Your Pre-Accident Medical History Is so Important
Written by: Brach Eichler Injury Lawyers Last Updated : October 29, 2024We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
Contact Your New Jersey Personal Injury Attorneys
