Can a wrongful death claim be reopened after it has been settled?

In California, a wrongful death claim can be reopened after it has been settled, though it is rare. Generally, the courts are hesitant to alter a settled case, so it is important to exhaust all possibilities before settling your wrongful death claim. Reopening a wrongful death claim may be possible if new evidence comes to light that was not previously known. For instance, if something was discovered in discovery or depositions that points to the fault of another party, then the case may be eligible for reopening. It is important to note that in California, a wrongful death case must be reopened within two years from the settlement date. Another possible way of reopening a wrongful death claim is if the settlement was not finalized in court. If the settlement agreement was between the parties, then the court must approve the settlement before it is finalized. If the agreement was not approved by the court, then it may be possible to re-litigate the case by reappearing in court and asking the judge to vacate the agreement. In California, one should keep in mind that reopening a wrongful death claim is an extraordinary process, and it is usually not successful. It is important to consult with an experienced wrongful death attorney to determine if you have a case that may be eligible for reopening. With the help of an experienced attorney, you can assess your chances of success and move forward to seek justice for the wrongful death of a loved one.

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Can a wrongful death claim be reopened after it has been settled?

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