Legal Question in Personal Injury in Ohio
Reopen a case that was signed off
In 1999 my mother and I were
victims of a car accident. We
contacted a lawyer that came to
the home within a few days of the
accident. We were told that the
case was solid and talked in to
filing a suit. Months after the
accident we began the ''process''
or making a case. Little by little,
the solid case we started out with,
began to crumble. The attorney's
aide or legal assistant, began to
down play and by the time we
were ready for court, we were told
that we should settle and by the
end I don't think we even got
$5000. We were inexperienced
and believed that attorney had our
best interest at hand.
What a joke. It is now several
years later and I have had a
multitude of neck, back, pelvic and
other problems. Can anything be
done? Do we have any recourse?
I am very upset that the attorneys
get off gaining trust from victims
and then let them down.
1 Answer from Attorneys
Re: Reopen a case that was signed off
When you settled the case, you probably signed a release of all of your claims. The release generally contains language that you agree to the settlement and are releasing all claims relating to the accident, including known and unknown personal injuries. The attorney was probably relying, in part, on the records of your physician. If your physician did not render an opinion that you would have permanent damages, you would not be able to recover for those damages. Also, due to the length of time since the accident, the statute of limitations has expired.