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Can I re-sue a company after about 30 years?

Buford, GA |

I was in a car accident in 1977 where a semi-truck hit the us in the, the rear-end. My parents settled before they new I had develped Epilepsy from the accident. Ya see, the spare tire hit me in the head and I was in a coma for 10 days. So can I re-sue?

Attorney Answers 12

  1. I can not think of a means that would allow you to re-sue at this point.

  2. No. That is terribly unfortunate. Your parents signed a Release which terminated the claim and any potential malpractice claim against the attorney who handled the matter has long since expired.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

  3. If you have any paperwork regarding the lawsuit and settlement, you should take it to a local attorney for a free consult. Based on the information provided, it does not seem that you have further options at this point. Sorry.

    Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice. Always call a lawyer directly for advice.

  4. The statue of limitations on these types of cases is typically only 2 years. There are some situations which would extend that statute in cases where the injury could not reasonably have been discovered for some reason, or some cases involving minors. However, it sounds like your parents settled on your behalf years ago, which was final when it was done. Feel free to have someone local look over the timeline for you to see if there is any loophole, but you are probably going to be barred so long after the incident.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

  5. The short answer is NO. There is a statute of limitations that limits the time you have to file a claim. When you (or your parents) signed a release, it indicated that you were accepting a settlement for all of your personal injuries, whether known or unknown. Once you sign a release, you are forever releasing that party. You were also accepting a settlement to compensate you for all future medical needs as a result of the accident. Sorry...

  6. No, your statute of limitations ran two years after you reached the age of majority.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

  7. The short answer is no.

    Darrell B. Reynolds, Sr.
    Attorney and Counselor at Law

    "Love all, trust a few, do wrong to none."
    - William Shakespeare

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  8. This response is predicated upon the assumption that your incident is and was governed by Georgia law. You have not stated
    how old you were, however, if your parents settled on your behalf, whether you were under 18 or an adult, they would have had to obtain a legal guardianship/conservatorship over your property, (which is different than being the natural guardian of your person) BUT in either event, any settlement in excess of $7,500.00 at that time would have required an Order from the Probate Court approving the settlement which usually places conditions and restrictions upon how your parents could utilize the money. If your parents obtained court approval for the settlement and then followed the court's directions regarding their use of the money on your behalf, there is not much you can do. Also, since are obviously more than 5 years beyond your 18th birthday, you have a significant probkem overcomimg the statute of limitations which will time bar you from filing any suit at this time., against your parents for inappropriately settling your case, or for their misuse of the proceeds, or against the truck company or any others that may have been at fault. I am sorry for what appears to be an unfortunate legal situation for you.

    If this response was helpful, please indicate that to Avvo. Thanks.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

  9. Your statute of limitations ran on your 20th birthday. Thus, even if you could set aside the settlement by you're parents it would do no good.

    All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.

  10. I tend to agree with the responding attorneys that the statute of limitations has already expired. You may want to take a free consultation with a local car accident attorney given that we (the responding car accident attorneys) only know the information posted by you.

  11. No more than I can. Sorry.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

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