Legal Question in Personal Injury in California

Re: Can I reopen my case in Superior Court?

I'm sorry to tell you this but, unless there is something very unusual about your case that you haven't mentioned, there is nothing more you can do.

You haven't said how the case was "closed" or why your permanent injuries are a result of the case being closed, but regardless there is almost certainly nothing more you can do now.

You can't reopen a case that has gone to final judgment unless you can show that the judgment resulted from fraud upon the court by the defendants; even then you would need to use some very arcane procedures and would have a hard time winning. You also can't file a new lawsuit over the same conduct which was the subject of your prior suit and, even if you could, the statute of limitations would bar your claim since personal injury lawsuits must be brought within two years.

Did you settle your case? If so, as part of the settlement you would normally have waived any further claims against the defendants. If you went to trial and won, then your judgment was for all of the harm the defendants caused and you cannot try to add to that judgment now. If you went to trial and lost or if the other side won a summary judgment, then you had the option to appeal and your time to do so has long since passed. If your case was dismissed for some reason, you had the right to appeal from the judgment that was entered after dismissal and the same analysis applies.

Sorry I can't be more encouraging.

Re: Can I reopen my case in Superior Court?

You may have a worker's compensation claim. The answer to civil case statute of limitations question is fact based. Call me directly at (619) 222-3504.