Can You Reopen a Personal Injury Case?

Usually not. Once you sign a settlement release or a court enters a final judgment, the claim is generally over for good, and a release normally covers injuries you find out about later. A few narrow exceptions exist, such as fraud or a court mistake, and most carry short deadlines, like six months to ask for relief from a dismissal under CCP 473(b).

When is a personal injury case closed for good?

How final your case is depends on how it ended:

• You signed a release. Most injury settlements end with a signed release in exchange for payment. That release is a contract, and courts enforce it like one.
• A judgment was entered. After a trial or a ruling, the judgment becomes final once the time for a new trial motion and an appeal runs out.
• The case was dismissed with prejudice. A plaintiff can dismiss a lawsuit with or without prejudice before trial (CCP 581). A dismissal with prejudice ends the claim. A dismissal without prejudice leaves the door open, but only while the filing deadline is still running.
• You never filed and the deadline passed. California gives two years from the injury in most injury cases (CCP 335.1; see California Courts). After that, there is usually nothing left to reopen.

Most release forms also waive California Civil Code 1542. That section says a general release does not reach claims you did not know or suspect when you signed. Insurers ask you to give up that protection so the release covers unknown injuries too. If your release has a 1542 waiver, a new diagnosis after signing is usually not a reason to reopen.

Can a signed settlement release be undone?

Sometimes. California lets a party rescind a contract when their consent was given by mistake or obtained through fraud, duress, menace or undue influence (Civil Code 1689). Feeling that the amount was too low is not one of those grounds.

Rescission also has strict steps. You must act promptly once you learn the facts, give notice to the other side and offer to return everything you received under the settlement (Civil Code 1691). That can mean giving the settlement money back before you can reopen the claim. Have a lawyer review the release and the timeline first.

Example only: a driver’s insurer tells an injured person, in writing, that the policy limit is $15,000, and she settles for that amount. Months later she learns the real limit was much higher. Facts like these may support a fraud argument. Whether rescission works depends on the documents and what the insurer knew.

Is a minor’s settlement different?

Yes. In California, a parent can settle a child’s disputed injury claim, but the settlement is valid only after a superior court approves it (Probate Code 3500). Families usually ask for approval with Judicial Council form MC-350. If an insurer paid a parent and took a release without court approval, that settlement may not bind the child, and the claim may still be open.

Texas has a similar rule. A next friend may compromise a minor’s suit with the court’s approval, and an approved compromise is binding on the child (Texas Rule of Civil Procedure 44).

Can a dismissed or lost lawsuit be reopened in court?

If the case was in court, a few motions can bring it back, each with its own deadline:

• Relief from a dismissal or default. A court may set aside a judgment, dismissal or order taken because of mistake, inadvertence, surprise or excusable neglect. You must apply within a reasonable time and no later than six months (CCP 473(b)). If your lawyer files a sworn statement admitting the fault caused the default or dismissal, the court generally must grant relief. The current version of section 473 is repealed on January 1, 2027, and a replacement version takes effect that day (Stats. 2025, ch. 563). It keeps the six-month limit and the attorney-fault rule, and it adds that a default judgment void for lack of proper service can be challenged at any time.
• Motion to vacate. A judge can vacate a judgment and enter a different one when the legal basis was wrong or the judgment does not match the jury’s special verdict (CCP 663).
• New trial. Grounds include jury misconduct, newly discovered evidence and damages that are too high or too low (CCP 657). The notice is due within 15 days of service of notice of entry of judgment or 180 days after entry, whichever comes first, and the court cannot extend it (CCP 659).
• Appeal. A notice of appeal is generally due 60 days after service of notice of entry of judgment, and no later than 180 days after entry (Cal. Rules of Court, rule 8.104).

If you settled but were never paid, you may not need to reopen anything. If the settlement was signed in writing or stated in court, the court can enter judgment on its terms, and it can keep jurisdiction to enforce the settlement when the parties ask (CCP 664.6).

How do Texas and Washington handle it?

Texas. A motion for new trial must be filed within 30 days after the judgment is signed. The trial court has plenary power to grant a new trial or change the judgment for 30 days after signing, longer if a timely motion is filed. After that, the judgment can be set aside only by a bill of review for sufficient cause (TRCP 329b). The filing deadline for most injury suits is two years from when the claim accrues (CPRC 16.003).

Washington. A motion for a new trial is due within 10 days after entry of judgment (CR 59). Under CR 60(b), a court can relieve a party from a judgment for mistake, excusable neglect, newly discovered evidence or fraud by the other side. The motion must be made within a reasonable time, and for mistake or new evidence no more than one year after the judgment. Most injury suits must be filed within three years (RCW 4.16.080).

What if a new injury shows up after I settle?

A new injury from the same accident is usually covered by your release, especially one with a 1542 waiver. A different accident is a new claim with its own deadline, and nothing needs to be reopened.

If you have not signed anything yet, finish treatment or get a clear prognosis before you settle, so the amount reflects surgery or future care your doctor expects.

What to do now

1. Find your release, dismissal or judgment and note the date on it.
2. Do not cash or return any check until a lawyer reviews your options.
3. Write down what the insurer or the other side told you before you signed.
4. Gather new medical records and the dates you first learned of each problem.
5. Count the days: some deadlines here are 10, 15 or 30 days.
6. If a child’s claim settled, check whether a court approved it.
7. Call a lawyer right away; waiting can close the last option.

Talk to us before the deadline passes

If you think your case was closed unfairly, or you learned something after you signed, call Beverly Law at (310) 552-6959 for a free, confidential review in English or Spanish. We will tell you honestly whether any option is left. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Is mediation legally binding in a personal injury case? · Should I accept the first settlement offer? · Settlements for a child hurt in a car accident · Can I fire my lawyer after settlement? · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.