I didn’t pursue the criminal trial because my attorney at the time told me the defendant was judgment proof, and I was being evicted from my apartment after spending so much money on medical bills and not being able to work. Though following the criminal trial the defendant immediately returned to work and came off disability....now is living in +$3k/month apartment. Attack occurred Oct 2016, Civil Complaint filed Oct. 2018. Curious if I would be able to refile the Civil complaint? The case was dismissed without prejudice.
Probably not but ask your attorney you had.
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I believe that the Statute of Limitations has passed. But the Court in the criminal case may have ordered restitution. I would file a claim with Victim Witness Program under the Victims of Violent Crime Act. Contact the DA's office where the case was handled. Look through this website as it may be very helpful to you. Your civil attorney can also help you navigate this. https://victims.ca.gov/victims/howtoapply.aspx
The statute of limitations to file a personal injury case in California is two years from the date of injury. If your action was dismissed without prejudice you had until the two-year anniversary date of the incident to refile a complaint.
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