lawsuit when I was 12

What is the name of your state? oklahoma . when I was 12 years old, i was lifting weights at my school. my spotter wasn't paying attention to what he was supposed to be doing and the bench press rack was homeade by one of the coach's. I had just finished my set of lifts and was lying down on the bench and the bar rolled off on my mouth with 160lbs. on it. my question to you is this, my parents sued the school for liability and i was told that the suit was for $1,000,000. I also remember hearing that they had settled(I am now 31 years old and don't remember all the details) for $80,000. I have never seen any of the legal documents concerning this lawsuit and my mother(my father is dead) won't let me see the paperwork. I'm at the point in my life where I need alot more work on my teeth from this accident and have repeatedly asked her about this and she shun's the question. tells me that it's sealed and that I can't see it. is there anything that I can do here. ps. my mother and i do not get along by any means and i feel that she has done me wrong where this case is concerned. I'm not trying to be mean, but if some of that money was supposed to come to me, then by all means, I want and need it. any advice here would be greatly appreciated.

Originally posted by steve white
What is the name of your state? oklahoma . when I was 12 years old, i was lifting weights at my school. my spotter wasn't paying attention to what he was supposed to be doing and the bench press rack was homeade by one of the coach's. I had just finished my set of lifts and was lying down on the bench and the bar rolled off on my mouth with 160lbs. on it. my question to you is this, my parents sued the school for liability and i was told that the suit was for $1,000,000. I also remember hearing that they had settled(I am now 31 years old and don't remember all the details) for $80,000. I have never seen any of the legal documents concerning this lawsuit and my mother(my father is dead) won't let me see the paperwork. I'm at the point in my life where I need alot more work on my teeth from this accident and have repeatedly asked her about this and she shun's the question. tells me that it's sealed and that I can't see it. is there anything that I can do here. ps. my mother and i do not get along by any means and i feel that she has done me wrong where this case is concerned. I'm not trying to be mean, but if some of that money was supposed to come to me, then by all means, I want and need it. any advice here would be greatly appreciated.

Since this happened almost 20 years ago, whatever money was gotten from the case has long since been spent.

[JETX]

It is possible that a part of the lawsuit settlement was to be in trust for your future medical needs... or compensation. So, it could certainly be of benefit for you to have the facts on this case.

And since these are public record, you can contact the court that handled the case and ask to review the file. It would likely have to be 'pulled from storage' so there might be a time delay, but the file should be available for you to see. Also, you might try contacting a local law library. The judgment should be in one of the court record books (Shepard's, Wests, etc.).

[I AM ALWAYS LIABLE]

My response:

Even if Momma spent all the money, I really rather doubt that anything can be done at this late stage of our writer's life.

As in California, I'm sure that Oklahoma has a statute of limitations on "fraud" - - probably measured from our writer's 18th birthday.

So, like BCB has said, the money is most assuredly gone by now - - because Momma is a trailer trash skank.

IAAL

[JETX]

In some cases and some states (Texas for example), the SOL clock doesn't start until the victim/party becomes aware of the violation. Under the circumstances, even if the SOL has expired in this matter, it may still be important for the writer to know what the judgment was.

Originally posted by JETX
In some cases and some states (Texas for example), the SOL clock doesn't start until the victim/party becomes aware of the violation. Under the circumstances, even if the SOL has expired in this matter, it may still be important for the writer to know what the judgment was.

Until the party becomes aware or should have become aware through the exercise of due diligence. About 6 years after having the accident (18 years old) would have been a very good time to start exercising diligence regarding the accident. My reading is that there was not a judgment but rather a settlement. "I also remember hearing that they had settled(I am now 31 years old and don't remember all the details) for $80,000."

[I AM ALWAYS LIABLE]

My response:

Along the same lines as BCB, and by way of example only, California (which is not unlike most States) has a one year Statute of Limitations on Fraud causes of action. However, that one year does not begin to "tick" until the minor becomes of age, and then only starts to run when our writer discovers - - or through the exercise of reasonable diligence should have discovered - - the fraud.

And, confirming what BCB has already correctly pointed out, sometime right after the age of 18 our writer should have been able to act on this matter because, it appears, he's known about the settlement for years and didn't use "reasonable diligence" to protect his rights; i.e., he should have taken action to obtain the money years ago.

And, there's undoubtedly other defenses his mother could use, not the least of which would be "laches."

Now, it's all over.

IAAL

thanks everyone for your time and replies. I didn't know what I could do about this and it just kept coming up over and over in my head so I thought I'd check it out. All that I would want out of this is the info. mainly. As far as the money goes, doesn't really matter one way or another. It's a matter of telling me all of the truth and not just her version. Anyhow, you all take care and PEACE