QUESTION
Can I reopen an injury case that was settled while I was a minor?
Asked on Oct 24th, 2012 on Personal Injury - California
More details to this question:
I'm a adult now and the injury that I suffered as a minor is now really bothering me as adult. It's been over 13 years since the case settled. I have a 6" scar on my left leg, that's a constant reminder of what happen to me as a child. This scar has altered my life significantly.
13 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. A settlement is a contract. Case closed. It is hard to imagine how the leg scar has altered your life? Hilary Clinton always wears pant suits to cover her unsightly calves.
Answered on Jun 26th, 2013 at 10:15 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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No.
Answered on May 21st, 2013 at 1:54 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, unless you can prove malpractice.
Answered on Oct 25th, 2012 at 11:08 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Generally you cannot reopen a case settled when you were a minor. The only grounds that I am aware of to reopen such a settlement is if you can show your parent or guardian was in collusion with the insurance company.
Answered on Oct 25th, 2012 at 10:34 PM
You should consult with a personal injury lawyer to see if the two-year statute of limitation has run since you became an adult. The statutory pewriod may have been tolled while you were a minor.
Answered on Oct 25th, 2012 at 10:22 PM
Ronald A. Steinberg
No. Not unless there was some sort of fraud. Many cases involving children have to be settled on the record, in Court, before a judge who determines if the settlement is fair, under the circumstances. If yours was done that way, then there is no reasonable chance that it could be reopened.
Answered on Oct 25th, 2012 at 8:34 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The purpose of settling the case was to settle the case. if the court approved the settlement it is too late. if there was no court approval it may be possible to reopen the case for 3 years after you reach your majority (18) if that time has passed there is nothing you can do.
Answered on Oct 25th, 2012 at 8:22 PM
Thomas Edward Gates
No, the matter was settled.
Answered on Oct 25th, 2012 at 8:18 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I do not think so, unless perhaps you are over 18 but less than 20. The statute of limitations for minors does not begin to run until you turn 18. But the action was likely approved by a judge and you had a guardian ad litem appointed to represent you (probably a parent). If it went through those formalities, it is my understanding that you are precluded from re-litigating the matter.
Answered on Oct 25th, 2012 at 8:16 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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For you to settle a case as a minor there must have been a Minor's Compromise, approved by the court. If so, unfortunately you are bound by that court order. If there was not a Minor's Compromise and a parent signed a release, but without court approval than it is possible to reopen.
Answered on Oct 24th, 2012 at 1:59 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Settled is settled, unfortunately. I am assuming that there was a court-approved "minor's compromise" in which the judge participated. If not, it is possible that the settlement was improper and could be reopened.
Answered on Oct 24th, 2012 at 1:59 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you settled it that long ago, you have no opportunity to "reopen" the case as you put it and any judge will uphold the original release signed by your parents.
Answered on Oct 24th, 2012 at 1:58 PM
Generally speaking, no. When a case is settled, even for a minor, a release of claims is signed, in a minor's case by a guardian. Depending on the amount for which it settled, it may have had to have been approved by the court. A court goes over the case and rules if the compromise is approved and the guardian will state on behalf of the child they know that this is the most the child can get for the claim and it becomes an order of the court and the funds placed in an account either for medical expenses to be paid out of the fund, or to the minor when the minor reaches 18.
Answered on Oct 24th, 2012 at 1:58 PM