It can take time to complete a personal injury case, but once it is closed, it is very difficult to reopen. However, it may be possible to reopen a case under very special circumstances. An attorney can help you determine if these circumstances are present in your case.
Reopening a case usually requires very special circumstances that you were unaware of when the case was initially tried. For example, if you reached a settlement but later realized the defendant fraudulently misrepresented important settlement terms, you may be able to reopen the case. Another option is to file an appeal if you lose the case, but we must identify specific legal errors in the appeal.
Speak to our South Carolina personal injury attorneys for a free, private case evaluation by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Why Someone May Reopen a Closed Personal Injury Case in South Carolina
Reopening a closed case is never easy and may be done only under very special circumstances. You should definitely have a lawyer help you, as courts are not usually keen on reopening matters that they believe have been settled.
Fraud or Misrepresentation
One good reason to reopen a case is that it was closed under circumstances that amount to fraud. This often arises in cases where the plaintiff and defendant reach a private settlement, but one party learns that the other concealed material information or misrepresented material facts to manipulate the final settlement terms in the other party’s favor. Our South Carolina personal injury attorneys must present evidence of the fraud when we try to reopen the case.
Discovery of New Evidence
Even if the case was closed in good faith, we may reopen it if we find new evidence that we believe would change the outcome. Newly discovered evidence must be exactly that, newly discovered. Evidence we previously knew about but chose not to use at trial may not justify reopening the case.
We may also need to demonstrate that the newly discovered evidence was unavailable or could not have been obtained at the time of trial. A good example is DNA evidence. Many older cases could not take advantage of DNA testing because it did not exist. Many older cases are now being reopened to allow testing of biological evidence (blood, hair, bodily fluids).
Mutual Mistake in Settlement Terms
Some cases are reopened because both parties made a mistake. For example, both parties might have misunderstood material facts and the law’s application to them when they reached a settlement. Accordingly, they may seek to reopen the case now that the error has been identified.
Can I Reopen a Personal Injury Case After a Jury Verdict?
It is one thing to reopen a civil case after reaching a private settlement, but reopening a case after a jury verdict at a trial is much different.
File an Appeal
Technically, your case is not exactly closed after a jury verdict, at least not in a legal sense. You still have time to file a direct appeal after the verdict, and your case is open, at least in a way, during this time. You and your lawyer must file the direct appeal as soon as possible to avoid running out of time. Most plaintiffs have 30 days to file an appeal.
Legal Errors
Your appeal must explain legal errors that you believed happened during the trial. These errors must be shown to have influenced the outcome of the trial, making it inaccurate or unfair. Common examples of legal errors include improper jury instructions, tainted evidence, and procedural errors.
Reasons You Cannot File an Appeal
You may not file an appeal simply because you did not like the outcome. You must point to a legal error in your appeal. If you cannot identify any legal errors, an appeal might not be the way to go.
FAQs About How to Reopen a Closed Personal Injury Case in South Carolina
Am I Allowed to Reopen a Personal Injury Case After it is Closed?
Under specific and very limited circumstances, you may reopen a case after it closes. Again, this is only possible under very limited conditions and not in every case.
How Can I Reopen a Closed Personal Injury Case in South Carolina?
You may reopen a case by filing an appeal if a legal error occurred during the initial trial that directly led to an unfair outcome. It may also be possible to reopen a case after a settlement if the settlement was the result of fraud or misrepresentation. Still, if newly discovered evidence changes the case, we may ask the court to reopen it.
How Do I Reopen a Personal Injury Case for Legal Errors?
To reopen a case, you need permission from the court. The most common way to reopen a case is to file an appeal. Although technically speaking, cases are not officially “closed” until after the designated period for appeals. If your time for appeal has passed, you might still reopen the case by filing a petition with the court showing that the very special condition required exists in your case.
Can I Reopen a Personal Injury Case if I Dislike the Outcome?
No. If the judge or jury does not find in your favor, you cannot try to reopen the case simply because you want a different outcome. You must be able to show that some legal error caused an unfair outcome, or that special conditions, like newly discovered evidence or fraud, allow you to reopen the case.
What Does Fraud or Misrepresentation in a Personal Injury Case Look Like?
Fraud or misrepresentation often comes up in settlement negotiations. A defendant may mislead a plaintiff about what kind of evidence they have or the value of the plaintiff’s claim to justify an unreasonably low settlement offer. Once you learn that the defendant lied to you, you and a lawyer may petition to reopen the case.
How Do I Reopen a Personal Injury Case Based on New Evidence?
You may reopen a case based on newly discovered evidence. The new evidence must have been unavailable during the initial trial, and you must show that you could not have obtained the evidence sooner, despite having done your due diligence to find all evidence possible.
For a Free Review, Call Our South Carolina Personal Injury Attorneys
Speak to our Columbia, SC personal injury lawyers for a free, private case evaluation by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
