When you suffer a personal injury, the legal and emotional process can feel like a long road. Eventually, you may reach a settlement and believe the matter is closed. But what if new symptoms appear? What if you realize your compensation was inadequate? Can you reopen a closed injury claim?
This question is more common than many realize, and the answer depends on several critical factors. At Holzman & Dickriede, our attorneys have decades of experience guiding injury victims through complex legal decisions. Ryan Dickriede, a founding partner of our firm, emphasizes, “The key to reopening a claim lies in timing, documentation, and legal grounds. If any one of those is missing, your path forward becomes very narrow.”
Let us take a dive into the circumstances where reopening a claim may be possible, and what you need to know to protect your rights.
Understanding the Finality of Settlements
Most personal injury claims conclude with a settlement agreement. These agreements are legally binding. Once both parties sign, it typically includes a clause that releases the at-fault party and their insurer from future liability related to the same incident. This release is designed to provide finality to both parties. However, that finality can become problematic when new or worsening medical conditions develop.
Many clients ask, “Can I reopen a claim if I did not know how serious my injury was?” It is a fair question, and one we hear often. The unfortunate truth is that most standard settlements do not account for unknown future complications, unless they are negotiated into the agreement beforehand.
Situations Where a Claim May Be Reopened
Although reopening a claim is difficult, there are specific legal scenarios where it may be possible:
1. Fraud or Misrepresentation
If you can prove that the insurer or opposing party withheld key information or committed fraud during the claims process, a court may allow the case to be reopened. For example, if a party knowingly misrepresented the extent of insurance coverage, that could be grounds for revisiting the settlement.
2. Clerical or Legal Errors
In rare instances, clerical errors in the legal documentation may warrant reopening a case. This may include incorrect dates, names, or settlement amounts resulting from administrative errors.
3. New Evidence or Medical Findings
A claim may be revisited if compelling new evidence arises that was not available during the original case. This might include medical conditions that were not diagnosed until after the claim was closed, especially if those conditions are directly linked to the original injury.
Ryan Dickriede notes, “We often work with clients who come back to us months later with new diagnoses. Unfortunately, unless those conditions were specifically reserved for in the original settlement, reopening the case becomes a steep uphill battle.”
The Role of Maryland Law in Personal Injury Claims
In Maryland, personal injury claims are governed by strict rules. One of the most important is the statute of limitations. This generally gives you three years from the date of the injury to file a lawsuit. However, if your case was already settled, this statute may no longer apply unless fraud or another exception is involved.
Additionally, Maryland adheres to a contributory negligence rule, which bars recovery if the injured party is found even one percent at fault. This makes it even more important to build a strong and timely case—because a closed claim offers little room for adjustment.
What If You Were Pressured Into Accepting a Low Settlement?
This is another question that often arises: “What if I felt rushed into settling and now regret it?” Sadly, feeling pressured or rushed, even if true, is usually not sufficient to reopen a case, unless coercion or manipulation can be legally proven.
That is why our attorneys at Holzman & Dickriede place such a strong emphasis on client education. We help you understand the long-term implications of every legal document before you sign.
Special Considerations for Minors and the Mentally Incapacitated
Maryland law provides special protections for individuals who may not have had full legal capacity at the time the claim was settled. This typically includes minors or adults with cognitive impairments. In such cases, the court may allow a review of the settlement if it appears the individual’s rights were not properly safeguarded.
Can Workers’ Compensation Claims Be Reopened?
Workers’ compensation cases are somewhat different from personal injury claims, but they are also legally binding once closed. However, in Maryland, you may be able to reopen a workers’ compensation claim under specific conditions. If your medical condition worsens or if you need additional treatment, you can request a modification of the previous award, typically within five years of the last payment.
The Importance of Legal Representation
Having an experienced attorney during your initial claim is vital, but so is having one when you consider reopening a claim. Reopening a closed injury claim is legally complex, often requiring you to challenge a previously accepted agreement.
Our firm has helped countless injury victims understand their rights, whether they are navigating their initial claim or returning with questions months or even years later. We have seen firsthand how powerful legal advocacy can prevent long-term regrets.
Take Action Before Time Runs Out
Time is not on your side when it comes to personal injury claims. If you believe your case was settled unfairly, or if new issues have surfaced, we strongly encourage you to contact our office as soon as possible. Each passing day can limit your legal options.
Whether you are unsure about a release form you signed or believe your injuries were misdiagnosed, we can review your documentation and offer a clear assessment. Our role is to empower you with information and legal guidance, even in complex or uncertain circumstances.
Speak With a Baltimore Personal Injury Lawyer Today
If you are asking yourself, “Can I reopen my injury claim in Baltimore?” then the next step is to consult with a lawyer. At Holzman & Dickriede, we bring over 50 years of combined experience to every case. We understand that no two injury claims are alike, and neither are their outcomes.
As a trusted Baltimore personal injury lawyer, Ryan Dickriede offers a local perspective informed by legal excellence. He is recognized for his deep commitment to client advocacy and his litigation experience across Maryland courts.
Do Not Assume It Is Too Late
It is easy to feel powerless once a claim is settled. But if you have lingering pain, unanswered questions, or doubts about your compensation, do not ignore those instincts. You may still have legal options, even if they are limited.
At Holzman & Dickriede, we believe that every injury victim deserves full and fair justice. We are not just here to represent you—we are here to guide, support, and protect you through every phase of your recovery.
If you need an injury attorney in Baltimore, MD, contact us today for a confidential consultation.
Your health and future deserve more than a rushed settlement. Let us help you explore the road you did not know was still open.
