Can You Reopen A Personal Injury Case?

If you’ve already settled your personal injury case, you might now be wondering if it’s possible to reopen it. Maybe your injuries have turned out worse than expected, new evidence has come up, or you believe the settlement wasn’t fair, and you’re looking for a legal way to recover more compensation.

Yes, you can sometimes reopen a personal injury case, but only under certain exceptions such as fraud, new evidence, mutual mistakes, or other reasons discussed in detail in this article. In other cases, the right path may not be reopening the case but filing an appeal within the legal deadline.

At Saeedian Law Group, we’ve helped personal injury victims in California recover more than $100 million in compensation. Our experienced personal injury attorneys understand the legal requirements around reopening a personal injury case and how to fight for your rights in court if needed. If you believe your case deserves another look, schedule a free consultation with us today.

This blog explains the circumstances when you can reopen a personal injury case, how appeals work, important deadlines, and why reaching maximum medical improvement before settling is critical.

When Can You Reopen a Personal Injury Case?

When you settle a personal injury claim, you typically sign a release of liability contract. Doing so means you agree not to seek further compensation or bring more claims against the at-fault party on the same incident. In most cases, once you sign the release of liability and the settlement money is paid, the case is considered closed for good.

However, there are some situations where you might be able to reopen a personal injury case. Although it is not common, courts sometimes allow a case to be revisited if fairness or justice demands it. Such cases are exceptions to the usual rule, and they apply to very specific circumstances. Let’s discuss some of the common grounds for reopening a personal injury case:

1. Discovery of New Evidence or Testimony

Sometimes, you may gain access to some important evidence after the case has ended. For example, a new witness might come forward with critical details about the accident, or a medical test could reveal a more serious injury than was first diagnosed. This type of new information can affect the outcome of the case because it changes the understanding of what happened and how badly the victim was affected.

However, not every new testimony or evidence can make the court reopen a settled or closed case. To influence a reopening, the new evidence must be strong enough to influence liability or damages. Moreover, you must prove that you were not able to find or access the information beforehand despite reasonable efforts.

2. Fraud or Misrepresentation

Fraud occurs when one party deliberately hides or lies about facts that affect the case. For example, if the at-fault party lied about insurance coverage or manipulated accident reports, the settlement might not be fair. Similarly, if an insurance company acted in bad faith by withholding key information, this may also qualify as fraud. In such situations, the victim may petition the court to set aside the personal injury settlement agreement or judgment.

Note that proving fraud is not easy. You’ll have to show that the misconduct directly affected the outcome. But when fraud is established, courts are more willing to reopen the case because the original agreement was built on deception rather than honesty. That’s why you need to work with an experienced personal injury lawyer who can prove fraud in such cases.

3. Mutual Mistakes

Sometimes, both sides enter into a settlement under a shared misunderstanding. For example, both parties might believe that the victim’s injuries are minor, only to discover later that the injuries are far more serious. If the settlement was based on this mistaken belief, it might be considered a mutual mistake.

If the mutual misunderstanding is significant enough to make the settlement agreement unfair, the court may allow you to reopen the case. The law recognizes that agreements should reflect accurate facts, and if both parties were wrong, the victim may have a chance to seek additional compensation.

4. Significant Changes in the Victim’s Circumstances

Your medical condition or life circumstances may change dramatically after a settlement or even after reaching a maximum medical improvement (MMI). For instance, an injury that first seemed minor may develop into a long-term disability, requiring expensive treatment or ongoing medical expenses. If the settlement did not account for this worsening condition, you might seek to reopen the case.

However, not every change of circumstances qualifies. Courts are cautious in this type of case because settlements are supposed to close out the cases. Nonetheless, if the change is extreme and unforeseeable at the time of settlement, the court may allow a review.

5. Legal or Procedural Errors

Errors during the legal process can also create a possibility for reconsidering a personal injury lawsuit. For example, if the judge misapplied the law or if the court failed to follow proper procedures, the outcome may not be valid. Similarly, if your lawyer mishandled deadlines or failed to present critical evidence, you might argue that your case was not handled fairly.

While reopening the case may not always be possible, the legal system provides methods to challenge unfair rulings. So, in these cases, the usual path is to file an appeal or a motion asking the court to correct the error. The key is to act quickly, since strict deadlines often apply for appeals and legal motions.

6. Newly Identified Liability

Sometimes, you may find new information revealing that another person or entity may share responsibility for the accident. For example, in a car crash case, evidence might later show that a defective auto part contributed to the injury. This could attribute some fault to the manufacturer alongside the driver. Similarly, later findings might show that a third-party contractor played a role in a workplace injury.

When you discover a new liable party, you may have the right to pursue a fresh claim against that party. This does not always mean reopening the original settlement, but it can mean filing a new case. Courts generally allow this because the new liability was unknown at the time of settlement and involves someone who was not part of the original agreement.

How Long Do You Have to Reopen a Personal Injury Case?

The time you have to reopen a personal injury case depends on the statute of limitations in your state. The statute of limitations is the law that sets a deadline for filing a legal claim or lawsuit. These deadlines ensure fairness by giving both sides closure and preventing evidence from becoming stale. Once that time limit expires, you may lose the right to sue, even if you have a valid case.

In California, the statute of limitations for personal injury is two years from the date of the injury. If you don’t discover the injury right away, the clock may start from the date you reasonably should have discovered it.

By comparison, Texas also has a two-year statute of limitations, but the two-year period starts on the date of the accident, not when the injury is discovered. This means that if you later develop complications, you could be barred from reopening or filing unless you acted within the original time frame.

For a newly identified liability, you may not technically reopen the original settlement. Instead, you can file a new lawsuit against the additional responsible party. In that situation, the statute of limitations for personal injury applies. These laws differ by state, so you need to work with a knowledgeable personal injury attorney to verify what applies in your jurisdiction.

What Is the Deadline for Filing an Appeal in a Personal Injury Lawsuit?

When a personal injury settlement falls through, the case may go to trial, and a final judgment will be entered. If the losing party does not agree with the judgment, they have the right to appeal. Note that an appeal challenges the legal process or the court’s decision, not just the outcome you dislike. However, the deadline to file an appeal is very strict, and missing it usually means you lose the right to appeal forever.

In California, the deadline for filing a notice of appeal in a personal injury case is generally 60 days from the date the court clerk serves notice of entry of judgment. If no notice is served, the outside limit is 180 days from the entry of judgment. This rule gives you a short window, so you need to act as quickly as possible. It’s always recommended to work with an experienced attorney who understands how appeals work and the timeline involved.

How to Reopen a Personal Injury Case

Reopening a personal injury case is not simple because courts and insurance companies want finality once a settlement or judgment is reached. Therefore, you need to understand the steps involved and work with an experienced attorney or law firm to help you protect your rights:

1. Review the Settlement or Judgment: Before you think of reopening the case, you must carefully review the settlement terms or the court’s judgment. You’ll need to understand the agreement and be able to identify the legal grounds to take any further action. For more accuracy, it’s better to do the review with the assistance of an experienced personal injury lawyer.
2. Identify the Grounds for Reopening: Remember that courts only allow cases to be reopened for specific reasons such as new evidence, fraud or misrepresentation, mutual mistakes, or newly discovered liability. If you discover any of these situations during the review, you may have a legal basis to move forward.
3. Check the Time Limits: If you decide to reopen the case or file an appeal, you must do so within the set deadlines. Missing the deadline may imply that you can no longer take any further action. That’s why you must understand the statutes of limitations in your jurisdiction and how they apply to your case.
4. File the Appropriate Motion or Appeal: Depending on your situation, this might be a motion to set aside judgment or settlement for fraud, mistake, or new evidence. It might also be an appeal if you believe legal errors occurred during the trial. As mentioned earlier, you might also have to file a new lawsuit against a newly discovered responsible party. Note that each option has its own procedures, and filing the wrong one could waste valuable time.
5. Work With an Experienced Attorney: Typically, reopening a case is complex and requires strong legal arguments supported by evidence. So without proper legal guidance, your attempt to reopen a case may fail. But an experienced personal injury attorney can help evaluate whether your case meets the requirements, gather necessary documentation, and ensure that filings meet all deadlines.

Even after successfully reopening a case, you need an attorney to represent you and negotiate on your behalf where necessary. Insurance companies may also try to play some tactics to delay the case or make you accept lowball offers. Hence, to secure fair compensation in settlement negotiations, personal injury victims should seek legal advice from their attorneys for strong arguments and legal advice.

The Importance of Maximum Medical Improvement in Personal Injury Settlements

In most personal injury cases, one of the main reasons people attempt to revisit personal injury claims is because their medical condition worsens after settlement. If the injury turns out to be more severe than initially expected, they may try to seek more compensation to cover ongoing medical treatment. That’s why understanding the MMI is very important.

MMI means your doctor has determined that you have recovered as much as expected, or your injuries are unlikely to improve further with medical treatment. Therefore, waiting until you reach maximum medical improvement reduces the risk of needing to reopen a case. By doing so, you minimize the chances of being undercompensated. Insurance companies often push for quick settlements, but exercising patience until MMI ensures you protect your financial recovery and future well-being.

Moreover, reaching MMI before settlement allows for a more accurate calculation of both present and possible future damages. At this stage, doctors can better estimate your future medical needs, rehabilitation costs, and whether you will suffer permanent disability. If you settle too soon, you may accept compensation that only covers short-term treatment while ignoring lifelong medical bills such as ongoing physical therapy, medication, or assistive devices.

Reaching maximum medical improvement also provides clarity on your ability to return to work. Some injuries prevent accident victims from returning to their previous jobs or require them to reduce their hours, resulting in lost wages. But by waiting until MMI, you and your attorney can build a stronger claim that includes both current and future income losses.

It’s Never Too Late to Seek the Compensation You Deserve

Even after your case is closed, you don’t have to accept a settlement if there’s a legitimate reason to reopen. However, reopening a personal injury case is not easy, but it may be possible if fraud, mistakes, new evidence, or unforeseen circumstances are involved. You should also be aware of strict time limits and the option of filing an appeal if legal errors occurred in your case. Before taking any further legal action, carefully review your settlement and seek legal assistance to understand your best options.

At Saeedian Law Group, we know how frustrating it is to feel undercompensated or unfairly treated after a settlement. That’s why our experienced personal injury attorneys in Beverly Hills are here to review your situation, explain your rights, and guide you through every legal step. Contact us today for a free consultation and let us help you fight for the compensation you truly deserve.

FAQ

At Saeedian Law Group, our attorneys have been handling personal injury cases for more than 16 years. With our extensive experience, we’ve provided clear answers to some of the most common questions people ask about this process. If you have specific inquiries about your personal case, you can schedule a free consultation with us and let our experienced attorneys handle your case.

Can You Claim Twice for Personal Injury?

Generally, you cannot claim twice for the same personal injury because settlements usually include a release of liability. This release prevents you from pursuing further compensation from the same party. However, you may be able to file a new claim if another party shares responsibility or if new, unrelated injuries arise.

Can You Reopen a Personal Injury Case After Settling?

In most cases, once you settle and sign a release, the case is closed permanently. Signing the release is a way of saying you consider the compensation a fair settlement. However, exceptions exist if the settlement was based on fraud, misrepresentation, or mutual mistake. You may also have grounds to reopen if new evidence or liability emerges that was not previously known.

Do You Need a Lawyer to Reopen a Personal Injury Case?

Yes, working with a personal injury attorney is highly recommended because reopening a case is legally complex and requires meeting strict deadlines. An attorney can evaluate whether you qualify under state laws and help prepare strong evidence to support your motion. Without legal guidance, most attempts to reopen are unsuccessful.

Will the Insurance Company Fight if You Try to Reopen a Personal Injury Case?

Almost always, yes. Insurance companies strongly resist reopening cases because they want closure once a settlement is paid. They will often argue that the release of liability prevents further claims, so you will need solid legal grounds and representation to challenge their position effectively.