Many people want to know if closed car accident cases can be reopened due to the way they were handled before. After a car accident, victims are burdened with managing insurance claims, negotiations, and settlements. However, certain things, like new evidence, unrecognized injuries, and arguments over fault, can arise even after a case has been closed.
Handling an Iowa car accident case can be challenging for a non-professional. While it is possible to open closed accident cases, the procedure can be confusing. Moreover, there are strict deadlines and specific state rules to be followed. On top of that, the statute of limitations can significantly limit the time you have to reopen a case.
The best benefit of having an attorney from The Baer Law Office is that they can tell whether you have a valid reason for the reopening. Most individuals do not understand if it is their doubt or if there is an actual possibility of reopening their case. Meanwhile, read this blog to get an overview of how the process goes.
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Common reasons for reopening a closed car accident case
Reopening a closed car accident case may help you discover new evidence that might have been missed during the initial investigation. This includes additional eyewitnesses, unexamined accident reports, or camera footage that were not previously available.
This evidence may contradict the initial findings or add something valuable to your case. There may have been some miscalculations or errors that might affect the outcome of the case. However, reopening the case can help eliminate these issues. If you suspect there was a mistake in the initial research, make sure to request a reopening of the case.
Injuries from accidents can get worse with time. If you think your injuries have become worse, reopening the case can help you modify the compensation. Moreover, if a mistake was made on the attorney’s side, reopening the case can help you re-evaluate the case and get fair compensation.
Eligibility criteria for reopening a case
Every state has a statute of limitations that determines the time limit for filing a request to reopen the case. The date starts from the day of the original judgment. To become eligible for reopening, you must present valid reasons along with strong pieces of evidence.
If new evidence has been discovered, it may become a solid ground for the reopening. However, thesis evidence must have been previously unavailable when the research was conducted.
Moreover, the burden of proof lies with the party that wants to reopen the case. The party must show that the newly found evidence is relevant to the case.
The legal process for reopening a case
The legal process for reopening a case involves some important steps. First, you must consult with an attorney to determine if the reopening is possible. They will evaluate the case and tell you about your chances of success.
After the attorney gives a green signal, you will need to file a motion regarding the reopening with the appropriate court. You will also need proper documentation. Moreover, it is highly advised to collect additional evidence, such as new eyewitnesses or expert testimonies, that can help you strengthen your case.
After the motion has been filed, the court will schedule a hearing session. During this, arguments will be presented, and the court will evaluate the new evidence. After that, the judge will determine whether to accept or deny the motion.
Have you found new evidence?
Dealing with a car accident and the legal process after that can be physically, emotionally, and financially taxing. After all the effort, not achieving your desired outcome can be disappointing. Thankfully, you may be able to get a second chance. If you believe you have valid reasons to reopen your unsuccessful case, hire an attorney today!
