In Connecticut, if you suffer an injury due to someone else’s negligence, you can hold them liable. You have a right to file a case to seek compensation for your losses. Compensation covers medical bills, lost wages, and other damages resulting from the injury.
You may have already been through the legal process and received a settlement. However, you might need further medical care, and the settlement may be insufficient. Thus, you may wonder, “Can you reopen a personal injury case in CT?” The answer is no, you can’t. Read on to find out why.
Reasons Why You Can’t Reopen a Personal Injury Case in CT
You sign a settlement agreement when you settle a personal injury claim in CT. In doing so, you relinquish your right to take further legal action. That means that the at-fault party and their insurer are not liable anymore for the cost of your losses. Thus, you cannot recover more compensation if you:
- Suffer medical complications
- Detect a related injury
- Require additional rehabilitation
- Discover a medical bill that you didn’t submit within the claim
So, the short answer to “Can you reopen a personal injury case in CT?” is no. A settlement agreement is a binding contract among the involved parties. So, even if you discover additional losses, you can’t take legal action.
Reaching Maximum Medical Improvement Before Settling Your Case
Reaching Maximum Medical Improvement (MMI) is critical when settling your case. In most cases, you will not be able to receive a fair settlement until you reach MMI. MMI is the point at which your condition stabilizes and is not expected to improve or worsen.
You may recover completely from your injuries and return to leading your life. However, if you suffered a significant injury, MMI may mean you have a permanent disability. Additional medical care can’t heal the impairment. In such a case, you’ll get to seek full compensation for costs stemming from the disability.
Ensure you attain maximum medical improvement before accepting a settlement. In doing so, you can be sure that a settlement will cover all your losses.
Be Wary of Insurance Companies That Want To Settle Your CT Personal Injury Case Quickly
Insurance companies have a good understanding of the law surrounding personal injury cases. They know you can’t reopen a case in CT after settling. Thus, the other party’s insurer may reach out to you soon after your injury with a settlement offer.
Within that time frame, you won't have had enough time to heal or receive all the necessary medical care. The adjuster knows that. Thus, the first settlement offer is likely lower than you would get through negotiations or a suit. The insurer might be counting on your rising expenses to convince you to accept the low offer.
A fast settlement may seem attractive. However, insurance companies are not looking out for your best interests. The goal of insurance companies is to protect their financial interests. They do so by giving you a low settlement offer, thereby reducing their costs. A lawyer comes in to protect your interests and help you recover fair compensation.
Filing Your Personal Injury Case Within Connecticut’s Statute of Limitations
Timing is crucial for all personal injury cases. You must ensure proper timing whether you’re settling or filing a case. For the latter, you must file a claim within the statute of limitations.
The statute of limitations is a deadline set by the state legislature. It ensures that people file cases in a reasonable amount of time. In Connecticut, as per § 52-584, the statute of limitations for personal injury claims is two years. That means you have two years from the date of your accident to file your claim.
If you fail to file your claim within this period of time, the court will likely reject it. Thus, you will no longer be able to pursue compensation. The statute of limitations is susceptible to modifications based on the circumstances of the accident. Thus, it is important to consult with a lawyer to ensure that you file the case on time.
Recover the Compensation You Deserve for Your Personal Injury Case in CT
Settlement agreements include clauses that forbid any future legal action. So, it’s usually impossible to reopen a personal injury case to seek more compensation. Thus, you must ensure you’re satisfied with a settlement agreement before signing it.
A lawyer can look out for your interests and help you get the compensation you deserve. They can also answer all your questions on, “Can you reopen a personal injury case in CT?”
Contact Us Before Accepting a Settlement
Working with an experienced CT personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a CT personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation. We have offices and locations across Connecticut. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.