Reviewed By: Personal Injury Team Last Updated: July 30, 2026
Many unsatisfied individuals have asked “Can my old personal injury case be reopened?” Well, simply put the answer is NO.
A personal injury case cannot be reopened after a settlement has been reached. Because your settlement agreement is a legally binding document, once you have signed the release of liability, you are no longer able to pursue additional compensation.
That is why it is best to consult a Charleston personal injury lawyer before accepting a settlement or signing any legal documents. In rare instances, some exceptions may exist that allow your case to be reopened, and your attorney can help you consider your options.
Trust Hoffman Law Firm to handle your personal injury claim from start to finish, offering legal advice along the way to ensure you never settle for less than you deserve.
Release of Liability Explained
Once you have accepted a settlement, your agreement will likely include a release of liability. This document essentially frees the defendant from any future liability. To put it simply, that means that as long as the liable party holds up their end of the bargain and pays the agreed-upon amount, they cannot be sued in the future. Many insurance companies will not release payment until the release of liability has been signed.
Frequently Asked Questions About Reopening a Personal Injury Settlement
Can I back out of a settlement if I only agreed over the phone or by email?
It depends. Whether a verbal or email agreement is legally binding depends on your state’s contract laws. Insurance companies often record phone calls and may argue that a verbal agreement is enforceable. If you have not signed a release or deposited the settlement check, you may still have options. Speak with an attorney at Hoffman Law Firm to review your situation.
Does cashing an insurance settlement check count as accepting the settlement?
In many cases, yes. Settlement checks often include language stating that depositing the check serves as full and final payment of your claim. Cashing or depositing the check may create a legally binding settlement, even if you never signed a separate release. If you already deposited a check and have questions about your rights, contact Hoffman Law Firm.
What if my medical bills end up costing more than my settlement?
Once you sign a release, the insurance company is generally not required to pay additional compensation. Any remaining medical bills, hospital balances, or health insurance liens typically become your responsibility. An attorney can review your settlement and explain your options.
Can my case be reopened if my injuries get worse later?
Usually not. Signing a settlement release typically ends your right to seek more compensation, even if your condition worsens or new symptoms appear. This is one reason many injury claims are settled only after reaching Maximum Medical Improvement, or MMI. If your condition has changed, Hoffman Law Firm can review your settlement documents.
Can I pursue workers’ compensation after settling with the other driver?
It depends on the wording of your settlement agreement. Workers’ compensation insurers often have a legal right to recover benefits they paid from a third party settlement. Settling without addressing those rights can affect future benefits. If your crash happened while you were working, speak with Hoffman Law Firm before taking action.
Can a settlement involving a child be reopened after they turn 18?
Usually not. Courts generally require judges to approve settlements involving minors to protect the child’s interests. If the settlement received court approval, reopening it is unlikely. If required court approval was not obtained or legal procedures were not followed, there may be limited legal options.
Can I sue someone else after settling with the at fault driver?
Possibly. A settlement usually protects only the parties specifically named in the release. If another person or company contributed to the injury, such as a vehicle manufacturer or government agency, you may still have a separate claim. An attorney can review your release to determine who was covered.
Are there any situations where a personal injury settlement can be reopened?
Only in limited circumstances. Examples include:
- Fraud or misrepresentation
- Coercion or unlawful pressure
- Mutual mistake about an important fact
- Breach of the settlement agreement by the insurance company
These situations are uncommon and require a detailed legal review.
What if my court case was dismissed instead of settled?
It depends on how the case was dismissed.
- Dismissed without prejudice: You may be able to file the case again if the statute of limitations has not expired.
- Dismissed with prejudice: The case is generally closed permanently and cannot be refiled.
An attorney can explain how the court’s order affects your rights.
Can I reopen my case because my previous lawyer told me to accept a low settlement?
Generally, no. You usually cannot reopen a settled claim simply because the settlement amount was lower than expected. However, if your former attorney acted negligently or violated their professional duties, you may have grounds for a separate legal malpractice claim. Hoffman Law Firm can evaluate your situation and discuss any available legal options.
Legal Advice on South Carolina Injury Law, Choose Hoffman Law Firm
For trusted legal advice in your personal injury claim, contact our team today! Hoffman Law Firm is always here to help, ready to create an attorney-client relationship that puts you first.
SOURCES & REFERENCES
- South Carolina Bar Association: Personal Injury Settlements & Release of Liability Standards
- South Carolina Code of Laws: Title 15 – Civil Remedies and Procedures (S.C. Code Ann. § 15-3-530 Statute of Limitations)
- American Bar Association (ABA): Personal Injury Claims & Settlement Release Overview (https://www.americanbar.org/)
- South Carolina Judicial Branch: Rules of Civil Procedure & Binding Settlement Agreements
LEARN MORE ABOUT PERSONAL INJURY CLAIMS
Want to make sure your personal injury claim is fully protected before signing a settlement? Explore these related guides from Hoffman Law Firm:
- What is a Contingency Fee When Hiring a Personal Injury Attorney?: A clear guide to how no-win, no-fee legal arrangements work, upfront costs, and fee structures.
- Personal Injury vs Bodily Injury: The key differences between standard personal injury cases and ones that involved catastrophic bodily injury.
- Comparative Negligence: How Blame is Calculated in Personal Injury Case: How South Carolina’s modified comparative fault rules impact your total compensation based on percentage of fault.
- How Do I Seek Compensation for Spinal Cord Injuries in Charleston?: Key steps for securing full damages for long-term medical care, paralysis, and life-altering spinal trauma.
- Common Mistakes to Avoid in a Personal Injury Claim: Critical blunders—from delaying medical treatment to speaking with insurance adjusters—that can weaken your case.
- Your Social Media Can Impact Your Personal Injury Claim: How defense attorneys and insurance companies use online posts, photos, and check-ins against your recovery.
- How Long Does It Take To Settle A Personal Injury Claim in Charleston?: Realistic timelines for personal injury payouts and the key factors that accelerate or delay settlement negotiations.
- How to Maximize Your Compensation in a Personal Injury Case: Proven strategies to build evidence, calculate full damages, and get the highest possible settlement offer.
- How Do I Get Back Lost Wages After an Accident in South Carolina?: How to calculate, document, and recover income missed during accident recovery and treatment.
- What are Mental Anguish Damages?: Understanding non-economic compensation for emotional trauma, PTSD, severe anxiety, and distress post-accident.
- What Qualifies As Pain and Suffering in a Personal Injury Case?: How physical discomfort and loss of enjoyment of life are evaluated and quantified in a legal claim.
- 10 Reasons You Lost Your Personal Injury Lawsuit: How To Win Your Next Lawsuit: Common pitfalls that derail injury claims and actionable steps to build a stronger case moving forward.
Disclaimer: This article is for informational purposes only and is not legal advice. Reading this content does not create an attorney-client relationship. Every personal injury case is unique, and whether a settlement can be challenged depends on the specific facts and applicable law. If you have questions about a prior settlement or your legal rights, consult an experienced South Carolina personal injury attorney.
