Accident injuries can be complex, and in many cases, the victim has not fully recovered by the time a personal injury claim settles. This begs the question: can you reopen a personal injury case?

In this blog, we’ll discuss whether you can reopen a personal injury case after settling or receiving a judgment, along with the steps you can take to ensure you receive a settlement that adequately compensates you for your accident injuries.

How Personal Injury Claims Work

Personal injury claims are based on compensating an accident victim for the injuries and losses they sustained due to the negligence of another party (or parties). This compensation extends to the future—for example, if your treating medical professionals think that you will never fully recover from your injuries or that you will be unable to work or limited in your job duties into the future, those losses will be considered when determining the appropriate settlement amount or factored into a court’s judgment.

Here, evidence is critical. Personal injury claimants must have a solid understanding of how their injuries have progressed since the accident and how medical professionals expect them to progress (if at all) in the future. Typically, this evidence is gathered through your medical records and, where appropriate, expert medical reports.

Timing is also critical. For example, if you suffered minor injuries and have fully recovered within weeks or months of an accident, an early settlement may be appropriate to help you obtain compensation and move on with your life quickly. However, if your long-term condition is uncertain and further treatment or investigation is required, it’s wise to wait until you have a clearer picture of your injuries before discussing a potential settlement.

How Long After an Injury Occurs Can You Claim Damages?

Regardless of when you choose to settle or litigate a personal injury claim, you’ll need to start by bringing a claim before your limitation period expires. Remember that you don’t need to understand the full extent of your injuries or future conditions to initiate a claim against the other parties. Instead, bringing a claim is a legal procedure that provides the responsible parties with notice of your claim.

Under Ontario’s Limitations Act, 2002, you will generally need to start a claim (that is, file a claim and identify the parties against whom you are bringing a claim) within two years of your accident date.

However, there are exceptions to the two-year rule. For example, the limitation period does not apply if the victim is a minor or physically, mentally, or psychologically unable to start proceedings and does not have a legal guardian.

Additionally, different types of accidents have different rules. For example, if you are injured due to municipal negligence, you must act quickly. Under the Municipal Act, you must provide written notice to the municipality of your intention to bring a claim within 10 days or risk being unable to advance a claim. That’s why it’s worth consulting an experienced personal injury lawyer as soon as possible following an accident to preserve your right to bring a claim against any potentially responsible parties.

Can I Reopen My Personal Injury Case at a Later Date?

Generally speaking, you cannot reopen a personal injury claim later if you have already settled your claim or received a judgment. As discussed above, the purpose of a personal injury settlement or judgment is to compensate victims of accidents for their past and prospective injuries and losses, meaning that you do not have carte blanche to return to the negligent parties to ask for more money later.

In practical terms, you cannot reopen your personal injury claim later because you will sign a release at the time of settlement. This release is a legally binding document and constitutes your agreement not to sue or come after the negligent parties at a later date in exchange for your settlement. Likewise, a court judgment represents the court’s final decision on how much you are entitled to for your injuries and losses. While you can appeal a court’s judgment, there are strict time limits on appealing a court’s judgment, meaning that you cannot use an appeal later to reopen your personal injury case.

Circumstances Where a Personal Injury Case Could Be Reopened

While personal injury cases cannot be reopened, it’s possible for a personal injury claimant who has settled a case with one party to later bring a claim for injuries from the same accident against another party who also contributed to their injuries.

For example, perhaps you initially brought a claim against one party but didn’t discover that another party was involved in the accident that contributed to your injuries and losses. While these situations are rare, in this event, it could be possible to “reopen” your claim insofar as you could bring a claim against another party.

Additionally, it’s possible to reopen a personal injury case if the release is faulty. However, such situations are scarce, and courts generally uphold personal injury releases. Thus, personal injury claimants must treat a settlement or judgment as a final decision and prepare accordingly.

Tips for Approaching a Personal Injury Settlement

Personal injury claimants should take proactive steps following an accident to avoid unexpected issues or disappointment following a settlement or judgment. Here are some tips to ensure that your claim is handled thoroughly and effectively from the start:

• Seek immediate medical attention following an accident: See a doctor as soon as possible following an accident, regardless of whether you have sustained any apparent harm. Some injuries may not appear immediately, and it’s essential to have a comprehensive medical history to assess your condition and how your injuries develop.
• Follow your medical professionals’ advice: In the wake of an accident, it’s essential to check in with your medical professionals regularly and follow any recommended treatment protocol. This not only ensures that your medical records reflect the full extent of your injuries and recovery but will also help you get the treatment you need to recover and move on with your life.
• Document, document, document: Keeping track of how you’re feeling in a journal is a great way to track your recovery. Be sure to also hold on to any receipts for out-of-pocket expenses, as you will need them for your claim.
• Avoid the urge to settle quickly: Insurance companies often attempt to resolve a file quickly (sometimes before a victim has retained a personal injury lawyer) by making an early settlement offer. While an early settlement can be tempting, resist the urge, as this settlement may not be enough to account for your long-term injuries and losses.
• Consult an experienced personal injury lawyer: Hiring an experienced personal injury lawyer following an accident is essential to ensure you receive the compensation you deserve. Your lawyer will help you navigate the entire personal injury process, evaluate your claim, and ensure you receive the compensation you deserve.

Contact Campbell Litigation for Exceptional Personal Injury Advice in Kitchener-Waterloo

Serious physical, psychological, or mental injuries often require long-term care and rehabilitation, with devastating financial impacts from lost income or support. Insurance companies have the resources to challenge your claims, but effective legal representation can level the playing field.

At Campbell Litigation in Waterloo, we build principled, evidence-based cases to secure fair compensation for clients suffering from serious injuries. With extensive experience in personal injury law, our team, led by skilled litigator Richard Campbell, guides you through your legal options and acts as your advocate to help you recover the compensation you deserve. To schedule a consultation, please contact us online or call 519-886-1204.