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richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 343
Experience:  Attorney in private practice in Phoenix, AZ
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In a wrongful death case were a settlement was signed can the

Customer Question

In a wrongful death case were a settlement was signed can the case be reopened when I found out laws were broken in the investigation
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  richanne96 replied 2 years ago.
Generally, once you agree to settle a case, you can not reopen it. However, if laws were broken, there may be other causes of action for you to pursue. For example, if you own personal injury lawyer broke the law and it affected the outcome of your case, you may have a claim for legal malpractice. It depends on who broke the law and what the result of that was.
Customer: replied 2 years ago.
That is exactly what I need information about the lawyer didn't takes intrest at best
Customer: replied 2 years ago.
Sorry my best intrest I felt he was looking for a payday
Expert:  richanne96 replied 2 years ago.
I am sorry to hear that you feel your lawyer did not have your best interests at heart. However, although your lawyer may not have behaved completely ethically, it does not sound like he broke the law. You may want to consider filing a bar complaint against him. It will not get you more money, but it may make him answer for his conduct. Do keep in mind that when an attorney is on a contingency, the more money he gets for you, the more he gets for himself, so it really is in his best interest to get you as much as he can.
Customer: replied 2 years ago.
Well when I went to the prosecutors office to press charges on the tow truck driver who took the red light an killed my son I asked the police investigator why the blood or urine of the driver taken he said we felt no need I recently found out the is a DOT law that states any fatallity the blood of the driver must be drawn
Expert:  richanne96 replied 2 years ago.
So then you are alleging that the police violated the law by not drawing the blood of the tow truck driver. Even if your son died instantly, and even if the police should have drawn blood and failed to do so, you can not sue the police officers in that situation because they will have immunity from prosecution. Also, trying to prove that your lawsuit settlement would have been greater if the police had drawn the blood would be next to impossible, especially if everyone was agreed the tow truck driver was negligent, and you have no way of knowing what the result would have been. I am afraid I do not see any method of additional recovery for you in this situation. I am very sorry for your loss.