Can You Reopen an Injury Case?

Can You Reopen an Injury Case?

There are instances when the reopening of a case is allowed. Each case is unique and whether a case can be reopened or not depends on the specific circumstances of the case. An experienced attorney in Long Island can review an injury case to determine if reopening it is possible.

Can a Personal Injury Lawsuit Be Reopened?

Possibly, the court closes a lawsuit by filing a judgment or a dismissal: Each of these may be filed ‘with prejudice’ or ‘without prejudice.’ The way the case was closed determines whether the closed case can be reopened. In general, a case dismissed ‘with prejudice’ cannot be reopened; whereas, a case that is dismissed ‘without prejudice’ can be reopened at a later date.

Settling a Case

When a case is settled, it means that the injured (plaintiff) agrees to accept money from the person or company (defendant) responsible for the damages the plaintiff suffered in return for dropping the legal action being pursued. Once a settlement is reached, the plaintiff signs a ‘Release of Liability.’

It is vital that the plaintiff thoroughly review this release prior to signing it. Additionally, since an experienced personal injury attorney is familiar with these types of releases, the plaintiff should have an attorney present during this action. Otherwise, the plaintiff may not be happy with the settlement and once the Release of Liability is signed, it absolves the defendant from any further responsibility for the plaintiff’s damages.

Personal Injury Case, Settlement or Trial: Which is Best?

If a settlement is reached before the trial begins, there will not be a trial. However, as long as the jury has yet to reach a verdict, a settlement can be reached at any point throughout the trial.

Ultimately, the plaintiff decides if he or she would like to accept a settlement offered by the defendant; However, a personal injury attorney can usually gauge what would be in the plaintiff’s best interest (to settle, go to trial or wait for the jury’s verdict).

For the Most Part, Once the Release of Liability is Signed, the Case is Over

The plaintiff should seek legal representation before signing a release absolving the defendant from any further liability. Once the Release of Liability is signed, even when a case is in suit, the case is over; therefore, the plaintiff will never be permitted to reopen the personal injury claim after settlement. Furthermore, if the case is settled before the lawsuit is filed, the plaintiff cannot choose to sue the defendant for any of the damages included in the signed release at a later date.

Car Accident Personal Injury Cases

Suing After a Car Accident Settlement

When it comes to a car accident in Long Island, your medical expenses and lost wages should be covered by your no-fault insurance policy. This no-fault policy covers up to $50,000; however, in order to obtain compensation for pain and suffering, and property damage, a personal injury claim must be filed. A personal injury attorney experienced in helping people attain compensation following a car accident knows the steps that need to be taken to file this type of claim.

Backing Out of a Car Accident Settlement

On rare occasions, a claimant (person injured) can back out of a settlement. If the claimant agrees to settle the car accident case, but he or she does not agree with the terms of the settlement being offered by the insurer or defense attorney, the claimant may be able to back out of the settlement, altogether.

Keep in mind that in order to settle a car accident personal injury case the claimant is required to sign a release: Although the majority of releases used in car accident personal injury cases are usually straightforward, on occasion, disputes over the terms arise. When a dispute is significant enough, the claimant may be able to back out of the agreement to settle.

Settling a Car Accident Personal Injury Case Already in Suit

The claimant’s personal injury attorney will argue over the terms of the settlement: Typically, a consensus will be reached between the Defense Attorney and the personal injury attorney. The agreed upon settlement release is then presented to the claimant for review.

When a consensus cannot be reached:

If a consensus cannot be reached, the release may be taken to a judge. The judge may order the terms of the release be changed, order the claimant to sign the release as it is or cancel the settlement and order the lawsuit to continue.

When Settlement is Reached After a Car Accident, But Before Filing Suit

Claimants should not sign the release they receive from the adjuster. Settling a car accident without an attorney can be a mistake. If the claimant is unhappy with the settlement being offered, legal representation is necessary because the adjuster will not change his or her mind based on the claimant’s request.

While hiring an attorney to negotiate the terms of a release does not guarantee the adjuster will reconsider, it does provide the claimant with a bit more leverage because the attorney has experience dealing with issues such as this. If the adjuster refuses to negotiate the terms of the release, your attorney can help the claimant file suit. Once a suit is filed, a judge determines if the claimant can back out of the settlement or if the terms of the release need to be changed.

Special Circumstances: Multiple Defendants in a Car Accident Case

If a claimant settles a claim with one defendant, he or she still has the right to file suit against other potential defendants. For example, a car accident involving multiple parties. However, prior to signing any releases, claimants must ensure that the release does not excuse all potential defendants from liability. A personal injury attorney is familiar with the wording some insurance companies use in their releases, which is why having an experienced attorney is beneficial.

Reopening a case can be tedious, which is why individuals who are interested in reopening a case that was closed without prejudice need to find a Personal Injury Attorney who has experience with these kinds of lawsuits. Finding an attorney knowledgeable in this area maximizes the chance of success. If you have a case that you believe can be reopened, contact The Law Office of Siler & Ingber, LLP today. Let our knowledgeable attorneys help you reopen your case.

Share this post

Share on facebook
Share on twitter
Share on linkedin
Share on email



PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting and completing the online form and essay submission or by emailing photo and essay to during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.

WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.


Do I Have A Case

    Skip to content