QUESTION
Can a case be re-opened? My wife and i were injured in a auto accident and both of us sustained lasting disabilities from it.
Asked on Nov 01st, 2011 on Automobile Accidents - Oregon
More details to this question:
We were led to believe by Safelite Glass co. that they didn''t have insurance to cover the damages. My wife still cant walk right and I am on ssdi b/c of the sustained injuries. Fort three years we were prepped for a jury trial then just before the trial we met with our lawyer and a Judge and we were enthusiastically encouraged to accept a very low offer from the Glass co. Insurance co. Zurich. We discovered our lawyer was affiliated with Zürich but were assured it had no bering on his diligence in representing us. Either the glass co didn''t have insurance or they obtained it after the fact. Zürich told our lawyer that the driver was not covered. Our decision to accept the offer was made in a high pressure situation and we were literally ordered to accept the offer. Its a puzzle to us why our lawyer would do a about face like he did. This Judges chamber event took place AFTER arbitration and the arbitrator even told our lawyer the he would like to try our case. What happened to us?
1 ANSWER
I would doubt that the circumstances described would allow you to reopen your cases. Inevitably, you would have signed a release that discharged the at fault party from any and all future liability or responsibility. By signing this release, you gave up your right to go after the defendant(s) in the future. If you had doubts at the time, you should have sought a second opinion from another lawyer before signing your agreement to settle the matter. I am sorry, but I think you are out of luck.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
www.joelhschwartz.com
Answered on Nov 16th, 2011 at 1:45 PM