Can a wrong result be overturned after a wrongful death case is settled?
Yes, a wrong result can be overturned after a wrongful death case is settled in California. The process for doing so is known as a motion to set aside a judgment or order. This process allows a party to ask the court to end the prior judgment or order that was entered in the wrongful death case. If granted, the motion will set aside the prior judgment or order from the wrongful death case. The court can then hear the case again from the beginning and decide the case differently making a new judgment or order. The motion must be based on facts or law that were not known to the parties at the time the wrongful death case was resolved. In California, after a wrongful death case is settled, the court must still enter a judgment or order. If this was an unfair or wrong result, a motion to set aside the judgment or order must be filed within a certain amount of time. This time period is typically six months after the judgment or order was entered. After the deadline, the court may deny the motion. In summary, a wrong result can be overturned after a wrongful death case is settled in California. A motion to set aside the judgment or order must be filed within a certain amount of time and must be based on facts or law that were not known to the parties at the time the wrongful death case was resolved.
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