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

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: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

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ANSWER for "Slip and Fall in a Store, Can I reopen a lawsuit?":

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy