Can New Evidence Have An Impact On Your Closed Personal Injury Case?
Being involved in an accident and sustaining an injury and damages can be a very upsetting and overwhelming time. What can make it worse is not having your damages recovered through a lawsuit due to no or lack of sufficient evidence.
This can happen when it is difficult to determine who is at fault for the accident. While you may know that you were not the cause, the evidence has to point to that fact. However, if evidence somehow surfaces after the fact that will show who is at fault, the question of whether or not the case can be reopened. The following is some information about reopening a closed case with new evidence:
Can a Case Be Reopened?
In most cases, judgements that are entered in personal injury cases that have been affirmed and have not been appealed cannot be litigated again, nor can you ask for more compensation. For instance, if you are awarded a settlement amount that covers less than your damages, you cannot later go back to court and ask for the difference in the settlement and the money you are out for damages. However, there are some circumstances in which this may be possible due to new evidence.
How Does New Evidence Affect a Personal Injury Case?
In some cases, a personal injury case can be reopened if new substantial evidence surfaces that will make a difference in the settlement. If new evidence comes into play, it is not safe to assume that the case will automatically be retried. There are some factors that have to be satisfied in order for your case to be reopened in court.
First, the new evidence has to be substantive to the case. It must hold enough weight and be convincing enough to cause a different verdict in your case. It also has to be evidence that had no possibility of being discovered during the original trial. For instance, if there is a witness that you knew about before the trial that you did not bother to introduce into the original trial for whatever reason, the possibility of a retrial may not be possible. However, if it is a completely new witness that surfaces that can have a major impact on the outcome, the possibility is there.
Getting a new trial after your personal injury case has been closed can be very difficult. Chances are you will be denied unless you can prove that your evidence will completely change the outcome. Be sure to discuss any new evidence with your personal injury attorney as soon as you discover it.
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