Can You Reopen A Catastrophic Injury Case If Complications Develop
You’ve settled your catastrophic injury claim. The paperwork’s signed. Money’s in your account. Then, six months down the road, everything changes. New complications nobody saw coming. Your condition takes a turn for the worse, and that settlement suddenly doesn’t look like nearly enough.
Settlement Agreements Are Final
As a Baton Rouge catastrophic injury lawyer can share, when you settle a personal injury case in Louisiana, you’ll sign what’s called a release. It’s basically you saying, “I’m accepting this money in exchange for giving up my right to come back and ask for more later.” The logic makes sense. Both sides agreed to put the matter to rest. The defendant paid. You accepted and promised not to sue again. Breaking that agreement isn’t something courts allow without really good reasons.
Rare Exceptions Under Louisiana Law
Louisiana does recognize a few narrow situations where you might be able to challenge a settlement.
Fraud Or Misrepresentation
If the other party straight-up lied about important facts or deliberately hid information that would’ve changed your decision to settle, you might have a shot. Let’s say a trucking company knew about faulty brakes that caused your accident but concealed that evidence. That could qualify as fraud.
Mutual Mistake
Sometimes, both parties operate under the same wrong assumption about something important. If you and the defendant both thought your spinal injury would heal with physical therapy, but scans later showed permanent damage that actually existed before you settled, a court might view that as a mutual mistake. The mistake has to involve facts that existed when you signed the papers, not new developments that came up afterward.
Duress Or Undue Influence
Signing under extreme pressure or because someone coerced you might invalidate a release. But financial stress by itself typically won’t cut it.
Why We Push Clients To Wait
At Palmintier, Thrower, and Treuting Injury Attorneys, we strongly encourage people to hold off on settling until they’ve reached what doctors call maximum medical improvement. That’s when your condition has stabilized and your medical team has a clear picture of what your long-term reality looks like.
Settling too early creates genuine risks:
- Surgeries you didn’t know you’d need
- Secondary complications like infections or organ failure
- Progressive conditions that keep getting worse
- Mental health struggles that show up months after the physical trauma
- New disabilities that emerge as your body compensates
We know these risks inside and out. We bring in medical professionals who can project what you’re going to need down the road and make sure those costs are baked into whatever settlement we’re demanding.
Medicare And Medicaid Considerations
If you’re eligible for Medicare or Medicaid, federal law requires certain protections in your settlement. A Medicare Set-Aside arrangement sets aside part of your settlement specifically for future medical expenses tied to your injury. According to the Centers for Medicare & Medicaid Services, these arrangements prevent situations where injury victims burn through their settlements and then end up relying on government programs for accident-related care.
If Complications Do Arise
Talk to a Baton Rouge catastrophic injury lawyer right away. Time limits apply when you’re challenging settlements, and waiting around can eliminate whatever options you might have had. Bring everything you’ve got. Your settlement agreement, medical records showing the new complications, and any correspondence with the insurance company. An attorney can look at whether any of those exceptions might apply to what you’re dealing with. Sometimes it’s not about reopening the old case at all. If a different party is responsible for your condition getting worse, like a doctor who provided negligent follow-up care, you might have a separate medical malpractice claim.
If you’re facing pressure to settle a catastrophic injury claim right now, we’d encourage you to reach out and talk through your situation. Understanding what you’re permanently giving up when you sign that release helps you make a decision that actually protects your future, not just solves your immediate money problems.