QUESTION
Can I reopen a case after a settlement?
Asked on Nov 03rd, 2013 on Personal Injury - California
More details to this question:
Hi. I'm 20 years old. When I was 4, I got my foot caught in a treadmill and had to have 21 surgeries to reconstruct my foot. After my parents fought the treadmill company for not being made properly, I received some money when I turned 18 but nothing to survive on. I have problems walking and no feeling at all. Can I fight for more money or is it not possible? Please let me know your opinion. Thank you!
9 ANSWERS
Ronald A. Steinberg
Too late.
Answered on Nov 07th, 2013 at 3:42 PM
Thomas Edward Gates
The case was settled and you have no recourse.
Answered on Nov 05th, 2013 at 4:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably not. your settlement was likely approved by the court. if for some reason it was not you can file a claim within 3 years of your 18th birthday.No one guarantees you lifetime benefits from a settlement. Where did you get that idea?
Answered on Nov 05th, 2013 at 4:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Too late. Your parents settled. Now, it may be they used some of your money for things other than for you. In that case, you may have a claim against them.
Answered on Nov 05th, 2013 at 4:17 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The answer depends upon how your case was settled. You were a minor, and depending upon the jurisdiction you lived in at the time of settlement, there would have been a suit commenced by your legal guardian, and a guardian ad litem would have been appointed for you at the time of settlement (minors are legally incompetent, and hence the need for a legal guardian and a settlement guardian ad litem) [in Washington state]. If there was simply a payment made by the defendant/insurance company without the appointment of a guardian for you, the settlement may be subject to challenge. However, you need to check with an attorney right away due to the passage of time beyond age 18.
Answered on Nov 05th, 2013 at 4:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, once it's settled, it's settled. That's why they call it a "settlement".
Answered on Nov 05th, 2013 at 4:16 PM
James Eugene Hasser
It's over. You might want to talk with an experienced personal injury lawyer, though.
Answered on Nov 05th, 2013 at 4:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your injuries were clearly resolved with a settlement, and generally you have no additional avenue of relief under any normal settlement agreement. You should engage an attorney to review the settlement agreement to determine if you have any potential additional recovery just to be sure.
Answered on Nov 05th, 2013 at 4:13 PM
Edwin K. Niles
If there was court approval, not much you can do. If not, you might be able to reopen, but the insurance co. will seek reimbursement from your parents, as they signed a release and hold harmless.
Answered on Nov 05th, 2013 at 4:12 PM