Can You Reopen a Settled Accident Case in Maryland?
When involved in an accident, medical bills can pile up fast, creating financial pressure. Now, imagine the insurance company offering you a settlement that seems enough to cover your expenses. Though you’re still recovering, you accept the offer and sign the release form. However, you later realize your injuries are far worse than you initially thought. Does this mean your case is closed for good?
Reopening a settled accident case is rare but not always impossible. In specific circumstances, an experienced personal injury attorney may be able to help you challenge the agreement. Let’s discuss when and how a personal injury case might be reopened in Maryland.
Why You Cannot Usually Reopen a Settled Case
One of the biggest mistakes personal injury victims make is rushing into a quick settlement. Insurance companies count on claimants falling for a low initial offer, hoping they won’t realize they’ve got room to negotiate for a better offer. Once you accept a settlement and sign a Release of Liability form, you typically give up your right to seek further compensation, even if your injuries turn out to be more severe than you thought.
Circumstances Where a Settled Case Can Be Reopened
While reopening a settled accident case is challenging, there are some situations where it can be allowed:
Fraud
If the other party or their insurer misled you, such as hiding crucial evidence, falsifying documents, or lying about insurance coverage, you may have a case to reopen your claim. Proving fraud can be challenging, but a court may void the agreement if you can show that the settlement was reached under false pretenses.
Duress or Coercion
If you were pressured or manipulated into signing the settlement, you may be able to challenge the agreement and possibly reopen your case. Here, you must provide compelling evidence that you were forced into signing the agreement against your will.
Unfulfilled Settlement Terms
If the at-fault party or their insurer failed to follow through on the agreed-upon settlement, for instance, if they didn’t make the payment, you might have grounds to take legal action. While this doesn’t necessarily mean your case will be reopened, it enables you to pursue the compensation you’re owed.
Bad Faith Insurance Practices
If the insurer acted in bad faith, you may have legal grounds to challenge the agreement. Maryland law allows victims to rescind a settlement under certain conditions. If you signed a release within 30 days of the accident and did not have legal representation, you have 60 days to revoke your signature as long as you return the settlement funds. Additionally, insurers cannot attempt to obtain a release of liability or obtain a statement from hospitalized victims within the first 15 days after the accident to negotiate a settlement or obtain a release.
How To Protect Yourself From an Unfair Settlement
To avoid the headache of trying to reopen a closed case, here’s what you can do:
- Consult an attorney before signing anything
- Wait until you’ve reached maximum medical improvement so you don’t underestimate future medical costs
- Beware of quick settlement offers from the insurance company.
Contact a Towson Personal Injury Lawyer Today
If you have questions about your accident settlement, our experienced Towson personal injury lawyer serving Towson, Baltimore, and throughout Maryland can help you discuss your options and protect your rights. Contact Hardball Law at 410-494-7400 today to discuss your case.
Source:
casetext.com/statute/code-of-maryland/article-courts-and-judicial-proceedings/title-5-limitations-prohibited-actions-and-immunities/subtitle-4-immunities-and-prohibited-actions-businesses-associations-and-charities/section-5-4011-release-or-settlement-of-claim-by-injured-individual
