Legal Question in Personal Injury in California

Re: Can I reopen my case in Superior Court?

You ask about "reopening" your case, which implies that it has already been closed. What you don't say is how it was closed or what kind of case it was.

I am not an expert on workers compensation law, but since you say that part of your claim is still pending it must have been a different lawsuit that was closed. Besides, workers comp cases are not heard in superior court, so the fact that yo want a superior court case reopened also proves you are referring to a different case.

If by closed you mean settled, then you almost certainly cannot reopen it. Competent lawyers draft settlement agreements which dispose of the underlying disputes once and for all, even if one side discovers additional facts later. If by closed you mean that the court entered a judgment after trial or on a motion for summary judgment, etc., then it is too late to do anything about that judgment unless you can show that the other side obtained it by willfully deceiving the court.

You seem to believe your one-year limitation period begins when you are diagnosed, but that is usually not how it works. The clock usually begins to tick once you know about the defendant's wrongful conduct, and the fact that you sued over the same conduct more than three years ago means that the limitation period has long since passed.

My answer presumes that your new diagnosis results from the same conduct that led to your prior lawsuit. If I am mistaken about that, then you might be able to sue again; this would be a new lawsuit and not a reopening of the old case. Also, it is possible - though not likely - that your superior court case was "closed" in a way that still leaves you some way to make your new claim. You should arrange for a lawyer - preferrably the one who represented you three years ago - to review your file and tell you what your options are after she learns exactly what the pertinent documents say.

Re: Can I reopen my case in Superior Court?

You need to consult with an attorney as different statutes apply and different forums have jurisdiction depending upon the facts of the injury. Call me directly at (619) 222-3504.