Visitor Question

Slip and Fall in a Store, Can I reopen a lawsuit?

Submitted By: Lucille (Ewing, N.J.)

I slipped and fell in a store and suffered a mild concussion about a year ago. I now suffer with post-concussion syndrome. I didn’t seek legal help when I settled with the company. Can I re-open a personal injury lawsuit?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lucille,

If you have already settled with the company (past tense), then you are not able to re-open a case. In most settlements, you sign a release that has language essentially saying you will not sue anyone further once you accept a settlement. I can only assume that you signed such a document.

This avoids situations just like this where a year passes and you present another claim. Parties need finality to their suits and for that reason, I would expect that you will not be able to re-open anything.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 22, 2011

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