How to Reopen a Wrongful Death Settlement in Arizona

TL;DR

Reopening a wrongful death settlement in Arizona is an exceptionally challenging legal action, but it is not impossible under specific, limited circumstances. The primary path involves filing a motion with the court under Arizona Rule of Civil Procedure 60, arguing that the settlement was invalid due to reasons such as fraud, misrepresentation, duress, or a significant mutual mistake. This process requires compelling evidence to prove the original agreement was fundamentally flawed. Strict deadlines apply, most notably a one-year time limit for many of these claims, making immediate consultation with a new, independent attorney essential.

Key Highlights

Finality is the Standard: Settlement agreements are legally binding contracts designed to provide a final resolution to a legal claim.
Limited Legal Grounds: You cannot reopen a settlement simply because you are unhappy with the amount. You must prove specific grounds like fraud, coercion, or a critical error.
The Key is Rule 60: Arizona Rule of Civil Procedure 60 provides the legal framework for asking a court to set aside a final judgment or order, including a settlement.
Strict Time Limits Apply: For claims of fraud, mistake, or newly discovered evidence, a motion must be filed within one year of the settlement’s finalization.
A High Burden of Proof: The person seeking to reopen the case must provide clear and convincing evidence to persuade a judge to undo the agreement.
Seek New Counsel: It is critical to consult with a different attorney than the one who handled the original settlement to get an unbiased assessment and avoid conflicts of interest.

Wrongful death claims represent some of the most sensitive and difficult matters within Arizona’s civil justice system. According to the Arizona Department of Transportation, there were 1,294 motor vehicle crash fatalities in the state in 2022 alone, each one a potential basis for such a claim. The vast majority of these cases are resolved through a settlement agreement rather than a full court trial. This is a practical approach that provides families with compensation and closure without the uncertainty and emotional strain of prolonged litigation.

A wrongful death settlement, governed by Arizona statutes like A.R.S. § 12-612, is a formal, legally binding contract. When statutory beneficiaries (such as a surviving spouse, children, or parents) accept a settlement, they sign a “release of all claims.” This document effectively closes the case forever, exchanging the right to sue for a guaranteed payment from the at-fault party or their insurer. The finality of this agreement is a cornerstone of the legal process, allowing all parties to move forward with certainty.

While these agreements are built to be permanent, the law recognizes that not all contracts are formed fairly. Arizona law provides very narrow and specific pathways to challenge a settlement that was reached through improper means. This is not an opportunity for a “do-over” or a chance to renegotiate for a better deal. Instead, it is an extraordinary remedy reserved for situations where the integrity of the agreement itself is in question. Understanding the precise legal grounds, the strict procedures, and the significant challenges involved is the first step in determining if reopening your case is a viable option.

Understanding the Finality of a Wrongful Death Settlement

Before exploring how to undo a settlement, it is crucial to understand why they are so difficult to challenge. The legal system is designed to provide resolution, and settlement agreements are the primary tool for achieving it. When a judge and all parties consider a case closed, they operate under the assumption that it will remain closed.

What is a Settlement Agreement?

At its core, a settlement agreement is a private contract between the parties in a lawsuit. In a wrongful death case, the surviving family members (the plaintiffs) agree to drop their legal claims against the person or entity responsible for their loved one’s death (the defendant). In exchange, the defendant’s insurance company typically pays an agreed-upon sum of money.

This contract has several key components:

Consideration: This is the legal term for what each party gives and gets. The plaintiffs get a monetary payment, and the defendant gets peace of mind and an end to the lawsuit.
Terms of Payment: The agreement specifies the amount of money, how it will be paid (lump sum or structured payments), and who will receive it.
Release of Claims: This is the most critical part. The plaintiffs agree to release the defendant from any and all liability related to the incident, forever.
Confidentiality Clause (Optional): Many agreements include a clause preventing the parties from discussing the terms of the settlement.

Once signed, this document has the full force of a contract and is enforceable in court.

The Role of the “Release of All Claims” Document

The “Release of All Claims” is the legal linchpin of any wrongful death settlement. By signing it, you are making a formal promise to the court and the other party that you will not pursue any further legal action related to the death. This includes claims you knew about at the time and even claims you might discover in the future.

For example, if you settled a case for a loved one’s death in a commercial truck crash and later learned the trucking company had a long history of safety violations you weren’t aware of, the release you signed would generally prevent you from suing them again based on that new information. The language in these documents is intentionally broad to ensure complete finality.

Why Courts Favor Finality

Arizona courts, like courts across the country, have a strong public policy interest in upholding settlement agreements. There are several reasons for this:

Judicial Efficiency: The court system is already burdened. If settlements could be easily undone, courts would be flooded with old cases, and the backlog would become unmanageable.
Encouraging Settlements: If defendants knew that a settlement might not be the end of the matter, they would have little incentive to settle at all. They would be more likely to take their chances at trial, leading to more expensive and time-consuming litigation for everyone.
Providing Closure: Finality allows both plaintiffs and defendants to move on. Families can use the settlement funds to rebuild their lives, and defendants can close the book on the incident.

Because of this strong preference for finality, a judge will not set aside a settlement lightly. You must present a powerful reason that falls into one of the very specific legal exceptions.

The Legal Grounds for Reopening a Settlement in Arizona

If you believe your wrongful death settlement was unjust, your legal path to challenge it lies within the Arizona Rules of Civil Procedure. Specifically, Rule 60 allows a party to ask a court for relief from a final judgment, order, or proceeding. A settlement that has been finalized and dismissed by the court falls under this rule.

Rule 60 is not a blanket invitation to re-litigate. It lists specific, narrow grounds for setting aside a final order. The burden of proof is entirely on the person making the request.

Fraud, Misrepresentation, or Misconduct

This is one of the most common, though still rare, reasons for a court to reopen a settlement. It involves intentional deception by the other party that led you to accept an unfair settlement. There are two main types of fraud:

Extrinsic Fraud: This is deception that prevented you from fully and fairly presenting your case. For example, the defendant’s attorney might have actively concealed the existence of a multi-million dollar umbrella insurance policy, leading your attorney to believe the available funds were much lower than they actually were. You settled for the stated policy limit, not knowing much more was available. This type of fraud corrupts the process itself.
Intrinsic Fraud: This involves dishonesty related to the issues within the case, such as a defendant providing false testimony in a deposition or creating fake documents to hide their negligence.

To succeed on a fraud claim, you must prove that the other party intentionally made a false representation of a material fact and that you reasonably relied on that falsehood when agreeing to the settlement.

Mistake, Inadvertence, or Excusable Neglect

This category covers situations where the settlement was based on a significant error.

Mutual Mistake: This is the strongest argument in this category. It occurs when both parties were mistaken about a fundamental fact that was central to the agreement. For instance, if a settlement was based on the belief that a particular asset was worth $50,000, but it was later discovered through a clerical error to be worth $5 million, a court might consider that a mutual mistake of fact sufficient to void the agreement.
Unilateral Mistake: If only one party was mistaken, it is much harder to reopen a case. You would generally have to show that the other party knew about your mistake and took unfair advantage of it.
Excusable Neglect: This usually relates to a procedural mistake, like an attorney missing a key deadline due to a calendaring error. It is a difficult standard to meet, as courts expect lawyers and their clients to be diligent.

Duress or Coercion

A settlement is only valid if it is entered into voluntarily. If you were forced to sign the agreement under duress or coercion, it can be set aside. Duress is more than just feeling pressured by your financial situation or the stress of the lawsuit. It requires proof of an improper threat or wrongful act that left you with no reasonable alternative but to agree.

An example would be an insurance adjuster threatening to use unrelated, private information to harm your family’s reputation unless you accept their low settlement offer immediately. This is a wrongful act that overcomes your free will.

Newly Discovered Evidence

You can ask to reopen a case based on newly discovered evidence, but the standard is extremely high. You must prove all of the following:

The evidence existed at the time of the settlement.
You could not have found the evidence before the settlement, even with reasonable effort and diligence.
The evidence is so significant that it would have likely changed the outcome of the settlement negotiations or a trial.

Simply finding an additional witness after the fact is usually not enough, especially if that witness could have been located through a proper investigation beforehand.

The Step-by-Step Process for Filing a Motion to Reopen

If you believe you have valid legal grounds under Rule 60, you must follow a formal legal process to ask the court to set aside the settlement. This is not something you can do on your own; it requires the skill of an experienced civil litigator.

Step 1: Immediate Consultation with a New Attorney

Your first and most important step is to seek a second opinion from a new, independent attorney. Do not go back to the lawyer who handled the original settlement, for several reasons:

Conflict of Interest: If the reason for the poor settlement was your previous attorney’s error or negligence, they will have a direct conflict of interest in advising you.
Fresh Perspective: A new lawyer can review the entire case file—the settlement agreement, correspondence, and evidence—with fresh eyes to identify potential issues the original attorney may have missed.
Specialized Experience: You need an attorney with specific experience in post-judgment motions and legal malpractice, which is a different skill set from handling the initial wrongful death claim.

Step 2: Gathering and Preserving Evidence

Your new attorney will evaluate the strength of your claim. To do this, they need evidence. You will work with them to gather all documentation related to your original case and the potential grounds for reopening it. This could include:

The full settlement agreement and release document.
All correspondence with your former attorney and the insurance company.
Any new documents that support your claim of fraud or mistake (e.g., a newly discovered insurance policy).
Statements from witnesses who can attest to coercion or misrepresentation.

Step 3: Filing a Motion to Set Aside the Settlement

If your attorney believes you have a meritorious claim, they will draft and file a “Motion to Set Aside Judgment” with the same court that approved or dismissed your original case. This legal document will:

State the specific grounds under Rule 60 for the request.
Present a detailed account of the facts supporting your claim.
Attach all available evidence in the form of exhibits and affidavits.
Include a legal argument explaining why the court should grant your request.

The opposing party will then have an opportunity to file a written response opposing your motion.

Step 4: The Court Hearing

In most cases, the judge will schedule an evidentiary hearing. This is a mini-trial where both sides can present evidence and witness testimony related to the motion. Your attorney will argue why the settlement should be voided, and the opposing counsel will argue why it should stand. You will likely be required to testify and be cross-examined about the circumstances surrounding the original settlement.

Step 5: The Judge’s Decision

After hearing the arguments and reviewing the evidence, the judge will make a decision.

If the motion is granted: The settlement agreement is voided. The case is effectively reopened, and you are returned to the position you were in before you settled. You can then attempt to renegotiate a new settlement or proceed to trial.
If the motion is denied: The settlement agreement remains in effect and is considered final. Your case is over, though you may have the option to appeal the judge’s denial.

Critical Time Limits: The Statute of Limitations for Reopening a Case

Timing is everything when trying to reopen a settlement. Rule 60 imposes strict deadlines that you cannot miss. Failing to act within the specified time frame will bar your claim, no matter how strong your evidence is.

The General Rule Under Rule 60(c)

For the most common grounds for reopening a case, the clock is ticking loudly. A motion based on:

Mistake, inadvertence, or excusable neglect
Newly discovered evidence
Fraud, misrepresentation, or misconduct by an opposing party

…must be filed within a “reasonable time” and no more than one year after the entry of the judgment or order that finalized your settlement. This one-year deadline is absolute. If you discover clear evidence of fraud 13 months after your case was dismissed, you are likely out of luck.

Exceptions to the One-Year Rule

Rule 60 does list a few grounds that are not subject to the strict one-year deadline, although they must still be brought within a “reasonable time.” These are reserved for the most serious and fundamental flaws in a legal proceeding:

The judgment is void: This applies if the court that approved the settlement lacked the jurisdiction to do so in the first place. This is very rare.
The judgment has been satisfied, released, or discharged.
Any other reason that justifies relief. This “catch-all” provision is used very sparingly by courts for extraordinary circumstances not covered by the other sections.

What is “Fraud Upon the Court”?

There is a distinction between fraud committed by one party against another and “fraud upon the court.” The latter is a much more serious allegation that is not subject to the one-year time limit. Fraud upon the court is an act that undermines the integrity of the judicial process itself.

Examples include bribing a judge or juror, manufacturing evidence by an attorney, or an attorney colluding with the opposing side to the detriment of their own client. This is a very high bar to clear and involves corruption of the legal system, not just dishonesty between the parties.

Potential Challenges and Risks You Will Face

Attempting to reopen a wrongful death settlement is a high-stakes endeavor with significant risks. It is essential to go into the process with a realistic understanding of the difficulties you will encounter.

The High Burden of Proof

As the moving party, the law places the entire burden of proof on you. The legal standard is often “clear and convincing evidence,” which is a higher standard than the “preponderance of the evidence” standard used in most civil cases. This means you cannot just raise suspicions; you must present solid, compelling proof that leaves the judge with a firm conviction that your claims of fraud, duress, or mistake are true.

Financial Costs of a New Legal Battle

This new legal fight will cost money. While your new attorney may take the case on a contingency fee basis (meaning they only get paid if you win), there are other costs to consider:

Filing fees with the court.
The cost of hiring expert witnesses (e.g., an accountant to trace hidden assets).
Fees for depositions and private investigators.

You must be prepared for the financial realities of launching a second, complex legal action.

The Emotional Toll of Re-Litigation

Wrongful death cases are emotionally draining. You have already been through an incredibly difficult process. Reopening the case means reopening old wounds. You will have to revisit the details of your loved one’s death, face the opposing party in court again, and endure the stress and uncertainty of litigation all over again.

The Risk of Losing and Paying the Other Side’s Fees

There is a real risk that your motion will be denied. If the judge finds that your motion was frivolous, groundless, or filed in bad faith, they have the authority under Arizona law (A.R.S. § 12-349) to order you to pay the defendant’s attorney’s fees for having to respond to your motion. This adds a significant financial risk to the process.

Alternatives to Reopening: Exploring Other Avenues for Recourse

What if reopening the settlement is not a viable option? The deadline may have passed, or your evidence might not be strong enough to meet the high legal standard. You may still have other legal options to pursue justice.

Legal Malpractice Claim Against Your Former Attorney

Sometimes, the problem is not with the other party’s conduct but with your own lawyer’s. If your settlement was unfairly low because your attorney was negligent, you may have grounds for a legal malpractice lawsuit against them.

To win a legal malpractice case, you must prove four elements:

Duty: The attorney had a duty to represent you with the skill and care of a reasonably competent lawyer.
Breach: The attorney breached that duty through a negligent act or omission (e.g., they failed to investigate the case properly, missed the statute of limitations, or gave you terrible advice).
Causation: You must prove that but for the attorney’s negligence, you would have received a better outcome (a much larger settlement or a victory at trial).
Damages: You must prove the financial loss you suffered as a result of the negligence.

A legal malpractice claim is a completely separate lawsuit. It does not reopen the wrongful death case, but it seeks to recover compensation from the negligent attorney to make up for the losses their errors caused.

Suing a Third Party

Review your original settlement and release documents carefully. Sometimes, a release is written to apply only to the specific defendants named in the lawsuit. If you later discover that a different, unrelated third party also contributed to your loved one’s death, you may be able to file a new lawsuit against them.

For example, you settled with the drunk driver who caused a fatal accident. A year later, you learn that the car’s brakes were defectively manufactured, and this defect also contributed to the crash. If your release only named the driver, you might still be able to bring a new product liability claim against the car manufacturer.

Filing a Complaint with the State Bar of Arizona

If you believe your arizona wrongful death attorney acted unethically—for instance, if they lied to you, stole settlement funds, or had an undisclosed conflict of interest—you can file a formal complaint with the State Bar of Arizona. The Bar investigates allegations of attorney misconduct and can impose discipline, including suspension or disbarment. While this process will not get you any money, it is an important tool for holding attorneys accountable for ethical violations.

Conclusion

Challenging a finalized wrongful death settlement is an uphill battle reserved for the most compelling circumstances. The Arizona legal system is structured to ensure that settlements provide closure and finality, and courts are reluctant to disturb them. The path to reopening a case through Rule 60 is narrow, demanding powerful evidence of fraud, duress, or a profound mistake that fundamentally corrupted the agreement. Without such proof, a settlement, once signed, is permanent.

The most critical factor in this process is time. The absolute one-year deadline for motions based on fraud or mistake means that any delay can permanently close the door on your opportunity for justice. If you have even the slightest suspicion that your settlement was compromised, you cannot afford to wait. The evidence you need can disappear, and legal deadlines are unforgiving.

Your first and most essential action is to seek an immediate consultation with a skilled and independent Arizona civil litigation attorney. An experienced lawyer can review your original settlement, analyze your new evidence, and provide an honest, clear-eyed assessment of your options. They can determine if you have a valid claim under Rule 60, explain the risks involved, and guide you through the complex legal process. Do not let uncertainty or hesitation prevent you from exploring your rights. The window to act is small, so contact a qualified legal professional today. Contact us for free evaluation today.