Sometimes, the story isn’t over even after the paperwork is signed. You may think your personal injury case is closed for good. But what if something critical surfaces after the fact? Can new evidence give you a second shot at justice? The short answer: It’s difficult, but not impossible, to reopen a personal injury case in California. Whether it’s newly discovered medical proof, a surveillance video no one knew existed, or a key witness finally stepping forward, the courts do offer limited pathways but the window is narrow, and the burden is high.
When is a case considered “closed” in California?
Once a personal injury settlement is signed, it usually includes a release of liability — a binding document where the injured party agrees not to pursue further legal action related to the same incident. In most situations, that’s it. Game over. But not always.
If your case went to trial instead of settling and ended in a verdict, there may be room for appeal or a motion for a new trial — but the clock starts ticking fast. In California, you typically have just 15 days after notice of entry of judgment to request a new trial.
Grounds for reopening a case in California
There are generally three legal scenarios where courts may allow a case to be revisited:
1. Fraud or Misrepresentation
If the other party — or even your own attorney or insurance company — intentionally withheld evidence, lied, or misled you during settlement, the court may reopen the case based on fraud. Think: manipulated documents, false testimony, or deliberate concealment of injuries or damages.
2. Mistake or Clerical Error
Sometimes, paperwork doesn’t reflect the true intent of the parties. A mistake in the settlement agreement or a court filing could form the basis for a motion to vacate or amend the judgment.
3. Newly Discovered Evidence
This is the most relevant ground when fresh facts come to light. But timing is critical: California courts typically impose a six-month limit (under California Code of Civil Procedure § 473) to file a motion based on new evidence and even then, it’s up to the judge’s discretion.
As Sasha Bojat, founding attorney at Bojat Law Group, puts it:
“Courts don’t want to relitigate every case that feels unresolved. But if you bring them something real — something that would have changed the result — they’ll listen. That’s where we step in.”
Steps to take if you believe you’ve discovered new evidence
- Contact a personal injury lawyer (like those at Bojat Law Group) immediately to review your case and documentation.
- Secure all evidence: Medical records, witness statements, emails, photos, or anything supporting your claim.
- Avoid contacting the defendant or insurer directly: Let your attorney handle all communications to protect your rights.
- Act swiftly: Courts may deny your request outright if you appear to be procrastinating or attempting to undo a strategically poor initial decision.
Reopening a case due to new evidence: how does it work?
Civil cases
In civil court, especially personal injury cases, California judges are extremely hesitant to reopen closed matters unless the new evidence could not have been discovered earlier with reasonable diligence, is credible, and would likely alter the outcome of the case. To reopen a case based on new evidence, three key steps must be taken:
- File a motion with the court. Your attorney prepares a formal request explaining why reopening the case is necessary for justice to be served.
- Show you acted diligently. You must prove the new evidence couldn’t have been discovered earlier, even with reasonable effort it wasn’t just missed due to carelessness.
- Demonstrate the evidence matters. The court needs to see that this information could have changed the original outcome, whether at trial or during settlement talks.
Criminal cases
Although your main concern may be civil personal injury, note that criminal law in California also allows cases to be revisited if substantial new evidence comes to light—like exonerating DNA results—but the hurdles are similarly high, and the procedure is distinct
What evidence qualifies as “new”?
- Previously undiscovered medical records showing far more serious injury than previously known.
- Witnesses or surveillance footage unavailable during the original trial or negotiation.
- Documentation of fraud by the opposing side.
It’s important that the evidence isn’t merely cumulative or repetitive. It must present genuinely new insights that could change the case’s resolution.
What a personal injury lawyer can do?
Let’s say you’ve uncovered something that could change your case. Here’s what a seasoned personal injury lawyer will do — and what sets Bojat Law Group apart:
- Review your settlement or trial judgment to understand what rights, if any, are left
- Verify the credibility and admissibility of your new evidence
- Act fast — most post-trial motions and petitions for relief have strict deadlines
- File a motion to vacate the judgment or pursue a new trial if there are legal grounds
Reopening a case is not easy, and it’s not always possible. But when it is, timing and execution are everything. If you believe you have new evidence, don’t wait. California courts are strict about deadlines, and missing one could shut the door on your claim permanently. Contact Bojat Law Group today at (818) 877-4878 for a free consultation with a dedicated personal injury lawyer who will fight for the justice and compensation you deserve.
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