Once you sign a settlement agreement and release in a car accident claim, it’s very difficult to reopen your case. Georgia courts generally enforce valid settlement agreements unless there are limited legal grounds, such as fraud or mutual mistake, to challenge them.
If your case went to trial instead of settling, legal errors made during the trial may be addressed through the appeals process rather than by reopening the case.
That being said, if there was a legal error, such as a trial judge not allowing evidence that should have been admitted or misapplying the law, an experienced Tucker car accident lawyer can file an appeal in the appropriate court.
When is a car accident settlement final?
Car accidents conclude when the plaintiff accepts a settlement from the defendant and signs a release releasing them from further obligations. If the case goes to trial, it generally concludes when the court enters a final judgment after the jury returns its verdict. Both outcomes are legally binding on the plaintiff and the defendant.
What are the grounds for reopening a settled case?
In Georgia, the grounds for challenging a completed settlement are very limited and may include:
- Fraud by one of the parties
- A material misrepresentation that induced the settlement
- A mutual mistake affecting the settlement agreement
If your case went to trial rather than settling, legal errors made by the trial court are generally addressed through an appeal rather than by reopening the case.
Georgia appeals courts hear cases to determine whether the law was properly applied or to correct fundamental legal errors. You cannot reopen a car accident injury claim just because you’re unhappy with the outcome or because you realized that the settlement wasn’t enough to cover all your medical bills and other damages.
What if you discover new injuries after you settle?
Unfortunately, realizing you were hurt more seriously than you thought when you settled isn’t grounds to reopen a closed personal injury case.
This is why it’s so important to wait until you’ve completed medical treatment before settling the case. Your doctor may realize that you need ongoing rehabilitative care or follow-up treatment, such as surgery. Once you settle, the medical bills become your responsibility.
How does Georgia’s deadline affect your options?
Georgia’s statute of limitations for personal injury cases is two years from the date of the accident. If you fail to file the lawsuit by the deadline, you essentially forfeit your right to sue.
This could impact the options for people who have a catastrophic injury, one that requires lengthy treatment, or people who require months to recover. If you want to talk to a lawyer and if you’re waiting to file suit until you’re healed (or reach maximum medical improvement), you may have cut it too close to file your claim.
Even if the facts are clearly in your favor, missing the deadline essentially means you forfeit your right to sue.
You don’t have to wait until you heal to start talking to lawyers, though. In fact, it’s a good idea to start exploring your legal options as soon as possible. Hiring a lawyer early on can help ensure that evidence is preserved. Physical damage to the vehicles can be repaired, any video of the accident could get erased, and witnesses could be more difficult to find if you wait for months to start interviewing them.
Your lawyer can start building the case while you heal and file the suit or send the demand letter to the defendant once they have a better idea of the case’s strength. Settlement negotiations may take a few months, which can give you even more time to heal and your lawyer more time to properly value your claim.
What should you do if you think you have grounds to reopen your case?
Because the grounds for reopening a closed personal injury case are so narrow and mostly based on legal errors or fraud, it’s best to talk to an attorney who is familiar with appeals and how to prove errors or deceptions affected the outcome of your claim.
Collect as much documentation and evidence of the fraud or mistake as possible. If you believe the settlement agreement was based on a mutual mistake about an important fact, an attorney can evaluate whether that mistake may provide grounds to challenge the agreement.
However, if you suspect the other side committed fraud or deliberately withheld evidence that could have changed the outcome, you need to have evidence to back up those assertions.
Find out where you stand with Fox Injury Law
Have you been in a car accident and need to know your legal options? We can help you. At Fox Injury Law, we carefully value each case and craft the strongest argument possible before we entertain settlement negotiations. We offer a free consultation to evaluate your case.
If your case is closed and you’re unsure whether an error was made during the trial, call us at (404) 777-7778 to discuss the matter.
