How do I reopen a case if my body is hurting and can't find anything wrong? - Accident Law Questions and Answers- LawQA.com

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How do I reopen a case if my body is hurting and can't find anything wrong?

Seventeen years ago, I was a part of a large car crash. At the time, I was a state word. I do remember my foster mother saying not to settle the case because of other unknown injuries. She was so right because I found out that my neck and spine was injured. How do I reopen my case?

David F. Stoddard
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If you are over nineteen years of age, the statute of limitations has likely run and it cannot be reopened. However, to explore the possibility of bringing a case, contact an attorney.

Answer Applies to: South Carolina
Replied: 5/15/2013

Answer By C. Gary Wilson

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If you settled the case, you may not reopen it.

Answer Applies to: Ohio
Replied: 5/14/2013

Answer By George H. Shers

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Sorry, but the statute of limitations is stayed only until you turn 18 and then you have two years in which to file suit or else you are barred.

Answer Applies to: California
Replied: 5/14/2013

Answer By Gary Platt

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You don't say how old you are, but unless you turned 18 less than two years ago, the statute of limitations has long gone by now, and you cannot reopen a closed case (or open one if a lawsuit/claim was never filed). If the accident occurred when you were very young, and a claim or lawsuit was never filed on your behalf, AND if it has been less than 2 years since you turned 18, there is a chance you might be able to work around the statute of limitations, however, it will be difficult or impossible for you to prove that pain you are experiencing suddenly, after 17 years, was directly caused by an accident that happened that long ago. Only a very detailed investigation can answer these questions. You should consult an attorney and give him/her all the facts.

Answer Applies to: California
Replied: 5/14/2013


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It is probably much too late. Every state has its own Statute of Limitations. In Michigan it is 3 years. The only way to get more than that amount of time is if you were and still are under a "disability." By that, I mean that a child under the age of adulthood can file a suit (in Michigan) up to the 19th birthday. If you are mentally incompetent, then upon no longer being incompetent, you could file suit within 6 months. Other than that, you have waited too long. Sorry.

Answer Applies to: Michigan
Replied: 5/14/2013

Answer By Thomas E. Gates

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If you previously settled your claim, you have no other recourse. All medical treatment is your burden along.

Answer Applies to: Washington
Replied: 5/14/2013

Answer By J. Michael End

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The answer depends what age you were or whether you were under a disability that would allow you to file a case after the usual three-year statute of limitations had run. Otherwise, you are too late to file a case.

Answer Applies to: Wisconsin
Replied: 5/14/2013

Answer By John Russo

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You can't if you settled.

Answer Applies to: Rhode Island
Replied: 5/14/2013

Answer By Loren Lambert
Loren Lambert
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How old are you now? And when you say "reopen" was there actually any type of the settlement previously by anyone acting as your guardian or conservator? This is something that you really should go talk to an attorney about and most attorneys are not going to charge you anything to do so. Depending on your age and the circumstances you may still be able to pursue the matter.

Answer Applies to: Utah
Replied: 5/14/2013

Answer By Barry Rabovsky
Barry Rabovsky & Associates
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Answer Applies to: Illinois
Replied: 5/14/2013

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