March 16, 2025
Generally, closed wrongful death cases are final under the legal principle of res judicata (a matter already judged). However, rare exceptions exist if new evidence meets strict criteria. Below is a breakdown of the possibilities and limitations:
Once a wrongful death case is settled or resolved via court judgment, it is typically not reopened. Courts prioritize finality to avoid endless litigation and ensure fairness for all parties.
New evidence may justify reopening a case only under specific circumstances:
If one party intentionally withheld evidence, falsified documents, or engaged in fraudulent activities during the original case, courts may reconsider the outcome. For example:
A defendant’s expert witness falsified credentials, leading to an unfair verdict.
Burden of proof: The party alleging fraud must provide substantial evidence of misconduct.
If evidence emerges after the case closed that was unavailable during the original proceedings (despite reasonable diligence), courts may allow reconsideration. Examples include:
A witness comes forward with critical video footage contradicting earlier testimony.
Requirements: The evidence must be material (directly impacts the case’s outcome) and unavailable during the initial litigation.
If both parties relied on an incorrect assumption (e.g., misjudging the severity of injuries), a case may reopen. For instance:
A plaintiff’s injuries worsened unexpectedly, requiring additional compensation.
Limitation: Minor discrepancies (e.g., a broken bone healing slightly slower) rarely justify reopening.
If the plaintiff lacked legal capacity (e.g., was a minor or mentally incapacitated) or was coerced into settling, courts may void the agreement and reopen the case.
Statute of Limitations: Most states impose strict deadlines (e.g., two years in North Carolina) for filing wrongful death claims. Missing this deadline bars reopening.
Settlement Agreements: If the case was settled, reopening is nearly impossible unless fraud or mutual mistake is proven.
Workers’ Compensation vs. Wrongful Death: While workers’ compensation claims can sometimes reopen for worsening injuries, wrongful death cases rarely follow this path.
If new evidence emerges, act quickly and consult a wrongful death attorney to evaluate your options. Even if reopening is unlikely, the attorney can help determine if other remedies exist (e.g., criminal charges for fraud).
For guidance on reopening a closed case or pursuing justice, contact Hall & Dixon for expert legal support.
Read: Immediate Steps to Take After a Wrongful Death in North Carolina
