Naturally, you may assume and hope that your injuries will heal in the days, weeks, and months after your personal injury accident. But after undergoing several medical tests and receiving intensive medical treatment from your attending physicians, you may face the reality that your condition is getting more serious or otherwise showing no indications of improvement. If you have already filed your personal injury lawsuit at this point, you may wonder if you can go back and revise the damages you are claiming. For this, please read on to discover whether you can reopen your claim if your injuries get worse from the date of your initial filing and how a seasoned Miami-Dade County injury lawyer at the Law Offices of Gonzalo Funes, PA, can help you get the timing right in the first place.
Can I reopen a personal injury claim if my injuries get worse?
You need not give up hope on improving your personal injury claim just yet. That is, your claim may still be considered as “open” if you have not accepted a settlement offer or received a final judgment. Under these circumstances, you may be able to go back and adjust your claim to reflect your worsening injuries more accurately.
Of note, personal injury settlements are generally final and binding in the state of Florida. This is especially true if you signed a release of liability when accepting a settlement. With this legal document, you essentially agreed not to pursue further claims and additional compensation related to the same incident.
Similarly, the Florida legal system tries to prevent plaintiffs from seeking multiple recoveries for the same injuries, no matter whether they have worsened over time. In rare cases, you may be able to challenge this. For example, you may claim fraud was committed in your initial settlement, or certain injuries were not reasonably discovered during your initial court case.
Do my worsening injuries impact my filing deadlines?
In the state of Florida, you generally have two years from the date of your personal injury accident, or the date you should have reasonably discovered your incurred injuries, to take legal action against the negligent party. This is a strict filing deadline, and it does not reset simply because your injuries have worsened over time.
Understandably, you may want to wait because you do not know the extent of your incurred injuries right away. But as a reminder, you may adjust your claimed damages for as long as your case remains open. Also, your legal team can employ a medical expert who can closely predict the cost of your future medical expenses given your current physical condition.
To ensure you file your claim correctly and at the right time, it is in your best interest to work with a competent Miami-Dade County injury lawyer from the Law Offices of Gonzalo Funes, PA. We look forward to meeting with you at your initial consultation.
