Personal Injury Lawyer Apopka

Whether you’ve been hurt in a car accident or another incident in Apopka, you deserve legal support from a team that understands personal injury law. At Donaldson & Weston, our personal injury lawyers are here to advocate for your rights and help you pursue maximum compensation. Contact us at 407-537-6991 to schedule your free consultation.

Our personal injury services in Apopka include:

• Motorcycle Accidents
• Car Accidents
• Truck Accidents
• Pedestrian Accidents
• Slip and Falls

Can You Reopen a Closed Personal Injury Case in Florida?

If you’ve been involved in a personal injury case in Apopka, you probably went through a long process to reach a resolution. Whether your case ended with a settlement or a court judgment, you may now be wondering if there’s any way to reopen it. This question comes up more often than you might expect. Maybe your injuries worsened after the case closed. Maybe new information has come to light.

Whatever the reason, it’s important to understand how Florida law treats closed personal injury cases. In most situations, once a case is resolved, that resolution is final. But there are a few specific exceptions where reopening may be possible.

What it means when a case is closed

A personal injury case can close in two ways. The first is through a negotiated settlement, where both sides agree on a dollar amount to resolve the matter. Once the settlement is signed and funds are disbursed, the case is considered closed. The second is through a trial, where the court issues a judgment. After any appeals are exhausted and the judgment is paid, the case is finished.

When a case ends this way, it usually includes a release of liability. This is a legal agreement stating that you won’t bring any more claims related to the same injury against the defendant. This release is what often prevents a case from being reopened later.

Reopening a case after a settlement

If you signed a settlement agreement with a release of liability, it is unlikely you’ll be able to reopen the case. Florida courts generally uphold these agreements, even if you later realize that the settlement amount wasn’t enough to cover all your losses.

That said, there are a few rare exceptions. You may be able to challenge the agreement if there is evidence of:

• Fraud – For example, if the other party concealed important facts during settlement negotiations. 
• Coercion or duress – If you were pressured or manipulated into signing the settlement against your will. 
• Mistake – If there was a major error in the agreement, such as incorrect party names or legal misunderstandings. 

Even in these situations, the bar is high. You’ll need strong evidence and legal support to convince a court that the original agreement should be set aside.

Reopening a case after a court judgment

If your case went to trial and a judgment was issued, it becomes a matter of public record. This makes reopening the case even more difficult. Florida law allows a very limited number of scenarios in which a final judgment can be revisited. These include:

• Clerical errors – Small mistakes in the judgment itself, like a typo or miscalculation. 
• Newly discovered evidence – Only if this evidence couldn’t reasonably have been found before trial. 
• Fraud on the court – If someone intentionally misled the court in a way that impacted the case outcome. 

In most cases, there’s a time limit to file a motion to reopen. These limits vary depending on the issue, but generally range from a few months to one year after the judgment is entered.

Cases involving ongoing injuries

One common question people ask is what happens if their injuries get worse after the case is closed. For instance, maybe your doctor discovers a complication months after you signed a settlement. Unfortunately, if your case has already closed and included a release, you likely won’t be able to make another claim—even if the full extent of your injuries wasn’t clear at the time.

This is why it’s important to wait until you’ve reached maximum medical improvement (MMI) before finalizing a personal injury claim. MMI means your condition has stabilized, and your doctors have a clear understanding of your long-term needs. Settling too early can leave you without enough compensation to cover future medical care.

When multiple parties are involved

Another situation that sometimes comes up is when new defendants are discovered after a case has closed. For example, maybe you settled with one party after a car accident, but later find out another driver contributed to the crash. In certain cases, it may be possible to pursue a separate claim against the newly identified party—as long as you didn’t release them in the original settlement.

If your release agreement was broad and included “all parties,” then you may be blocked from pursuing new claims. But if the language was limited to one specific defendant, you could still have legal options. A personal injury lawyer can review your agreement and determine whether this path is available.

Cases involving minors or individuals with limited capacity

There are special rules in Florida for injury claims involving children or individuals with diminished mental capacity. In these situations, the law provides added protections. Courts may require additional oversight before approving a settlement, and in some cases, there may be room to challenge a settlement that wasn’t properly handled.

If your child’s claim was settled without following Florida’s procedures for minor settlements, or if the settlement didn’t serve their best interests, a court might consider revisiting the case.

Why Legal Advice is Critical

Once a personal injury case is closed, reopening it becomes extremely difficult. This is why having a knowledgeable attorney during the initial process is so important. They can help ensure your claim is thoroughly evaluated and that any settlement agreement fully protects your rights.

If you’re unsure about your options or feel something wasn’t handled correctly in your original case, it’s a good idea to speak with an attorney as soon as possible. The sooner you act, the more likely you are to preserve any remaining legal rights.

What to do if you’re considering revisiting a case

If you believe you may have grounds to revisit a personal injury case in Apopka, here are a few steps to take:

• Gather all documentation – Include your settlement agreement, medical records, court documents, and correspondence. 
• Write down what changed – Document any new injuries, information, or circumstances that caused concern. 
• Consult an attorney – A lawyer can review your case, explain your options, and guide you through next steps.

Be prepared for the possibility that reopening your case may not be an option. Still, it’s worth having a professional review the details to be certain.

Apopka Personal Injury Attorney: Helping You Rebuild After an Injury

Injuries in Apopka can bring physical, emotional, and financial stress. At Donaldson & Weston, our personal injury attorneys are ready to support you with legal expertise and compassionate service. Don’t wait to get the help you need—call 407-537-6991 for your free consultation today.