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 North Carolina. This is because a wrongful death case is based on a negligence cause of action, which is a form of civil law. Under civil law, a wrongful death case can be overturned if new evidence is presented or a mistake or error is found in the original trial. In North Carolina, parties to a wrongful death case may elect to appeal the verdict or judgment in the case. An appeal is a legal process in which a higher court reviews a case to determine if the original decision was correct. If the court determines that an error in judgment was made or that key evidence was overlooked, they may overturn the verdict and either order a new trial or set aside the original judgment altogether. In addition, North Carolina permits parties to file a motion for post-trial relief, alleging a mistake or error of law that occurred during the trial. This is known as a motion for a new trial. The court will review the motions and determine whether a new trial is warranted. If the court finds evidence of significant errors or mistakes, they may overturn the verdict and grant a new trial. Overall, wrongful death cases in North Carolina may be overturned if new evidence is presented or a mistake or error is found in the original trial. Parties may elect to appeal the verdict or judgment or can file for post-trial relief in order to attempt to have the verdict overturned.
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