More details to this question:
In July of 2007, at the age of 13, I was shot in the jaw at close range with a 12 gauge shot gun. In the settlement I received 100,000. Medicaid took 33, my lawyers took 33, and I was left with about 33. The boy received 18 months in juvy and I’m forced to carry these scars. I'm still going through surgeries. However, this December I will turn 19 and my Medicaid runs out so I will not be able to continue my needed surgeries. The years have passed and I've come to realize that the ones who had hands on my case only believed my life to be worth 33,000. I find that rather insulting and believe I should have received more. Is there any way I can reopen my case?
12 ANSWERS
Ronald A. Steinberg
Do you realize that if the incident occurred due to an intentional act, then there would be no insurance coverage, and so you probably would have gotten nothing. I would bet that the settlement was a compromise. Now to reopen the case, you would have to pay the insurance company back the $100K, and then perhaps the judge would reopen the case. When I have tried it in the past, the judges would not let it happen. When a case gets settled, that is IT. Now on a personal note, you are experiencing the flaw in our system. If you had an arm amputated, and you got a check for $100,000,000, then despite getting a whole bunch of money, you still would only have one arm. The money is merely "damage control." Everything you say is true, but there is nothing more you can do about it. I suggest that you do your best to MOVE ON. If you dwell on the past, you only add to your losses, but you do not get compensated any further.
Answered on Nov 29th, 2012 at 6:59 AM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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If the court approved a settlement, referred to as a "minor's compromise," then the matter is closed. Did your attorney really receive 33%? The usual percentage in a minor's case is 25%, so you were overcharged.
Answered on Nov 29th, 2012 at 5:07 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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Based on the info provided, you would probably need to sue non-settling third parties (e.g., gin manufacturer) to obtain further recovery.
Answered on Nov 28th, 2012 at 7:22 AM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Maybe. Since you were a minor at the time of the accident, your statute of limitations does not run until the date of the accident at age 20 (minority plus 2 years). Your problem will most likely be that your parent or guardian signed a settlement release on your behalf agreeing to never sue again if they paid you the settlement (in your case 100K). If the court appointed a guardian ad litem to review the settlement then you are probably stuck with the deal. You could bring a suit against the guardian ad litem for legal malpractice but it would be a long shot. If there was no ad litem appointed to review the reasonableness of the settlement, then you have a better shot to unwind the previous deal. Either way the odds are not in your favor.
Answered on Nov 28th, 2012 at 6:23 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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In a word, no. I suggest buying health insurance, either through work or school.
Answered on Nov 26th, 2012 at 5:18 PM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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Probably not. I am going to assume that the $100,000 settlement was formally approved by the Court. Any settlement for a minor must be reviewed and approved by a court. If it was, you probably have no recourse. The case was settled and, presumably, following court approval, someone was authorized by the court to sign a release on your behalf. If a release was not signed on your behalf; or if there was never a court order approving the settlement, you may have an ability to re-open the case.
Answered on Nov 26th, 2012 at 5:17 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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As long as there was a Minor's Compromise petition filed and approved by the court unfortunately cannot reopen as the court approved and signed off on the settlement, which included all known and potentially unknown injuries or needed procedures. The other potential issue was the policy limit of the at fault party may have only been $100,000 and as result even if you could reopen won't be able to get any more, but that is something I would be fairly sure that your prior counsel probably verified before agreeing to that amount.
Answered on Nov 26th, 2012 at 5:16 PM
Thomas Edward Gates
There is no way for the case to be reopened, since you or your guardian signed off on the settlement.
Answered on Nov 26th, 2012 at 5:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, what's done is done. I think it very likely that there was "only" $100,000 (insurance money) available. Most of the time in this kind of case there is no insurance available. In NY, and probably others, a judge had to approve the settlement as well.
Answered on Nov 26th, 2012 at 5:16 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I do not see how because if you were a juvenile, undoubtedly your parents signed a release and a judge had to sign off on it.
Answered on Nov 26th, 2012 at 5:15 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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If the court approved the settlement, you probably can't reopen the case. Without more information, I can't advise you on what steps to take, but it sounds like you had an attorney- call him and ask the question directly.
Answered on Nov 26th, 2012 at 5:14 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not. The settlement may have been the maximum insurance limit available, so it was never intended to be full compensation. It was all there was. Probably the homeowner's policy of the gun owner who let the Juvy have access to the gun.
Answered on Nov 26th, 2012 at 5:14 PM