In Virginia, the ability to reopen a personal injury case is very limited. Once a case is resolved, either through a settlement or a final court judgment, the law generally treats that resolution as final. However, there are narrow exceptions where reopening a case may be possible, depending on how the case ended and the specific facts involved.
Understanding these exceptions requires a close look at Virginia law, court procedure, and the timing of the original resolution.
What Does It Mean to “Reopen” a Personal Injury Case?
Reopening a case typically means asking a court to revisit a claim that has already been resolved. In Virginia, this may involve:
- Challenging a final court judgment under limited procedural rules
- Seeking relief from a dismissal or default judgment
- Attempting to undo or set aside a settlement agreement
Virginia courts strongly favor finality, so reopening a case is the exception, not the rule.
Reopening a Case After a Settlement in Virginia
Most personal injury cases in Virginia end with a settlement. When a settlement is finalized, the injured party usually signs a release of claims. Under Virginia contract law, a signed release generally bars any future claims related to the same incident.
A settled personal injury case may only be reopened in rare circumstances, such as:
- Fraud or intentional misrepresentation during settlement negotiations
- Mutual mistake of fact that was material to the agreement
- Duress or coercion that affected consent
- Lack of legal capacity at the time the release was signed
Virginia courts treat settlement agreements as binding contracts. Dissatisfaction with the settlement amount, later medical complications, or a change of heart are not valid reasons to reopen a settled case.
Reopening a Case After a Court Judgment
If a personal injury case went to court and resulted in a final judgment, reopening the case is even more difficult.
Under Virginia Supreme Court Rule 1:1, a trial court generally retains jurisdiction to modify, vacate, or suspend a final judgment for only 21 days after the order is entered. Once that 21 day period expires, the court loses jurisdiction, except in very limited situations.
After the 21 day period, relief may be available only through:
- A timely appeal to a higher court
- A narrow request for relief based on clerical error
- Extraordinary circumstances such as fraud on the court
These situations are highly fact specific and subject to strict procedural requirements.
What If New Evidence Is Discovered Later?
In Virginia, discovering new evidence after a case has closed does not automatically allow a personal injury case to be reopened.
New evidence may justify relief only if it meets strict standards, including:
- The evidence could not have been discovered earlier with reasonable diligence
- The evidence is material and not merely cumulative
- The evidence would likely have changed the outcome
Even when these conditions are met, reopening a case is not guaranteed and often faces significant legal hurdles.
Can a Dismissed Personal Injury Case Be Reopened?
The ability to reopen a dismissed case depends on why the case was dismissed.
In Virginia:
- A case dismissed without prejudice may sometimes be refiled, as long as the statute of limitations has not expired
- A case dismissed with prejudice generally cannot be reopened or refiled
Virginia’s statute of limitations for most personal injury claims is two years from the date of injury, as set out in the Virginia Code. Once that deadline passes, refiling is typically barred, even if the case was previously dismissed.
Common Misconceptions About Reopening Personal Injury Cases
Many people believe a case can be reopened simply because injuries worsened or additional medical bills appeared. Under Virginia law, this is usually not true.
Common misunderstandings include:
- Believing a settlement can be undone due to regret
- Assuming new symptoms automatically reopen a claim
- Thinking insurance company errors reopen a case
- Believing verbal promises override a signed release
Virginia courts enforce written agreements and procedural deadlines strictly.
When Legal Review Is Still Worthwhile
Even though reopening a personal injury case is difficult, reviewing the facts with an experienced personal injury attorney can clarify whether an exception may apply. Factors that matter include how the case ended, the language of any release, the timing of court orders, and whether misconduct occurred.
Because outcomes depend heavily on specific facts and procedural history, legal analysis must be done on a case by case basis.
Speak With a Virginia Personal Injury Attorney
If you believe your personal injury case may qualify for review under Virginia law, it is important to act quickly. Deadlines and procedural rules can eliminate options if not addressed promptly.
To discuss your situation, contact Clinton O. Middleton, Attorney at Law, PLLC at (703) 777-9630 or fill out the contact form to request a consultation. A careful review can help determine whether any legal avenues remain available under Virginia law.
