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 New York. This can be done through a motion to vacate or set aside the judgment. The motion must state why the judgment was wrong or why the settlement was not fair or why new evidence was not used or available to support the wrongful death claim. In New York, the motion must be filed within one year of the settlement date. The court will review the motion and allow parties to present their case before deciding whether to vacate or set aside the judgment. If the court decides to vacate the judgment, the parties must either start the case from the beginning or reach a new settlement. If a motion is granted, the parties may also appeal the court’s decision. An appeal is a written statement that states why the court’s decision should either be reversed or modified. The appeals court will review the record thoroughly before making a decision. Wrongful death cases are serious matters that can have cataclysmic effects on a family. It is always best to consult an experienced attorney to ensure that the settlement is fair and just and that all evidence and information has been taken into consideration. If, after the settlement, new evidence is found, it is possible to overturn the decision and seek to have the case heard again.

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