March 16, 2025
A wrongful death case dismissal does not necessarily mark the end of your pursuit of justice. Depending on the reason for dismissal, several legal options may still be available to you. Below are actionable steps to consider:
If the dismissal resulted from a legal error, you may appeal to a higher court. Common grounds for appeal include:
Improper exclusion of evidence: If critical evidence (e.g., medical records, witness testimony) was wrongly deemed inadmissible, an appeal could secure a new trial where this evidence is considered.
Incorrect jury instructions: Errors in how the jury was instructed to evaluate the case may invalidate the outcome.
Procedural mistakes: Misapplication of state wrongful death statutes or court rules.
Note: Appeals focus on legal mistakes, not factual disputes. Work with an attorney to file a timely appeal (typically within 30–90 days of dismissal).
Ask the original court to review its decision if:
New evidence emerges that could alter the outcome.
The court misinterpreted the law or facts.
Example: If the dismissal was due to insufficient evidence, and you later obtain a key witness statement, a motion for reconsideration may reopen the case.
If the dismissal was without prejudice (allowing refiling) and the statute of limitations has not expired, you may:
Correct procedural errors (e.g., improper service of legal documents).
Strengthen evidence (e.g., gather medical records, accident reconstruction reports).
File a new complaint in the appropriate court.
Statute of Limitations: In most states, wrongful death claims must be filed within 2–3 years of the death.
Even after dismissal, you may negotiate a settlement with the defendant or their insurer if:
The defendant wishes to avoid future litigation risks.
New evidence strengthens your bargaining position.
Example: A defendant may agree to settle if you demonstrate intent to refile with stronger evidence.
If the case was dismissed after a settlement but disputes arise over fund distribution:
File a motion in probate court to reallocate proceeds among heirs.
Argue for fair apportionment based on state wrongful death statutes.
Example: In Buscemi v. Suffolk County DSS, a court revisited settlement allocation after dismissal to address claims by non-participating heirs3.
If the dismissal was due to technical errors (e.g., incorrect filing jurisdiction, missed deadlines):
Rectify the issue (e.g., refile in the proper court).
Ensure compliance with local court rules.
Burden of Proof: Dismissals often occur if plaintiffs fail to prove the defendant’s negligence caused the death. Strengthen your case with expert testimony or additional evidence.
State Laws: Eligibility to sue, damages caps, and procedural rules vary by state. For example, Georgia allows apportionment motions post-dismissal under specific conditions.
An experienced wrongful death attorney can:
Analyze the dismissal order to identify viable options.
Navigate appeals, refiling, or settlement negotiations.
Ensure compliance with deadlines and procedural requirements.
If your case was dismissed, contact Hall & Dixon or a trusted local attorney to explore your next steps.
Read: What Happens If the Defendant Files for Bankruptcy During a Lawsuit?
