Nobody likes feeling like they made a poor financial decision. Whether that’s purchasing shoes a week before the go on sale or buying shares in the stock market before the value tumbles, it’s not fun to realize you made a bad financial decision. And in most instances, we don’t get a chance to amend our mistakes.
However, things work a little differently when it comes to getting compensation in a personal injury or workers’ compensation case. You are legally entitled to ask the court to vacate a previous settlement award so that you can get a larger award, but as you might imagine, it’s easier said than done. In today’s blog, we explain how you can petition to have your first settlement vacated so you can seek a larger award in Minnesota.
Vacating A Prior Stipulation
For injury law cases, it’s not enough to say that you’d like a previous settlement vacated simply because you want more money from the insurance company. You actually have to prove that one of a few limited circumstances exist which allows a court to vacate a previous award. In order to possibly have your settlement vacated, you must prove that one of the following conditions existed at the time you signed the original agreement, or has come to light since you settled:
- Mutual mistake of fact
- Newly discovered evidence
- Substantial change in your injuries or medical condition that was not anticipated or could not have reasonably been anticipated at the time of settlement
The first three factors are easier to prove in court, but they are pretty rare. After all, it’s unlikely for both sides to miss or misinterpret the facts of a case, or to overlook potential evidence. It’s also very rare that an insurance company commits fraud in order to shortchange a claimant. A change in injuries is the most common cause for a petition to vacate, but the rest of that clause is noticeably open to interpretation. Whether or not your declining health could have been anticipated or accounted for will be the biggest point of contention when challenging the case.
That’s why it’s so important to have an experienced injury firm on your side. At Margolis Law Firm, we’ve helped a number of clients vacate previous awards and get a higher payout for their injuries. It’s not easy, and you can bet the insurance company will push back with their lawyers, but if something unexpected or significant has arisen, or new injuries have come to light, reach out to Dean and the team at Margolis Law Firm to see how we can help.
We’ll do everything in our power to evaluate all the evidence and potential fallout from your injuries at the outset so that you get a full and fair settlement offer the first time around, but if things change or you don’t feel like your original injury lawyer helped you achieve what you truly deserved, pick up the phone and give us a call at (952) 230-2700. We’re happy to help any way we can.