You’ve settled your personal injury case, but months later, your symptoms worsen. This frustrating situation can leave you wondering about your rights. New York law typically treats settlements as final, making it hard to get more compensation. Yet some settlements include special terms that might let you revisit your case in certain situations.
It’s important to note that New York has a statute of limitations for personal injury cases, generally giving you three years from the date of the injury to file a lawsuit. However, once you’ve settled, different rules apply.
Understanding reopening clauses
Reopening clauses offer a potential solution if your condition gets worse. These provisions can be complex and are quite rare, so it’s crucial to understand their key elements. Here’s what you need to know about reopening clauses:
- Purpose: These clauses protect you from unexpected complications after settlement.
- Timeframe: They specify how long you have to seek additional compensation.
- Proof required: You must show a major decline in your condition to use the clause.
- Medical evidence: Detailed records from your doctors are vital to support your claim.
Not every settlement has a reopening clause. Review your agreement carefully or ask a personal injury lawyer to explain your options.
What to do if your symptoms worsen
If your condition deteriorates after settlement, quick action is essential. Follow these steps to protect your rights:
- Get medical care right away
- Record all changes in your symptoms
- Check your settlement for any reopening terms
- Talk to a personal injury lawyer about your choices
- Collect all relevant medical records and proof
Act fast, as reopening clauses often have strict deadlines. Even without a reopening clause, a skilled lawyer might find other legal options for you.
Knowing your choices can help you handle this tough situation. Put your health first and seek legal advice if you’re unsure about your rights after settling a personal injury case.