Can I re-open a settled case?

What is the name of your state? South Carolina
I was involved in an atv accident at the age of nine. I lost my right eye in a roll over accident. My father insisted on having power of attorney of me during the lawsuite with the manufactorer of the atv. I recently spoke with one of the lawyers on the case and he appoligized to me for not getting more from the company. See my doctor bills were in excess of$285,000 of which my mother had to pay over $50,000 out of pocket. I recieved a settlement for $35,000 and my doctor bills were not covered. When I spoke with my lawyer he told me that my father refused to listen to any of his advice including joining a class action lawsuite. I have done some research on rollover accidents with this pericular model and found that the average settlement for similar cases brought against them was $894,003. What I want to know is if it is proven that my father was not looking out for my best intrest can I re-open the case. And what rights do I have in obtaining the legal documents from the lawfirm that handled my case.

you have no recourse. your dad was your guardian during the litigation and his decisions on your behalf, good or bad, cannot now be changed.

Once your dad signed the settlement papers on your behalf, the case was closed.

You should ask your dad what the hell he was thinking about at that time.

How long ago did the accident happen?

The accident was in 85 and was settled in 91

I have not yet been able to see the court documents on the case.
For all I know I could have recieved more. The lawfirm was a pretty large firm and I can't understand why they would settle for such a small amount. My father-in-law is a VP at a production company and talked to the corporate lawyers they said there had been some new laws past that might possibly give me the right to re-open,but they had to see the file first.-

sorry suprise, you daddy grew up in a state which is at the bottom of the barrel for education in this country, so your daddy was rasied without a lick of common sense, and no matter how much prodding you do, these types of people will never listen to anyone because your daddy thought he was smarter then some city slicker lawyer,

so its your daddies fault he aint the sharpest tool in the shed!

PS...If you can prove your daddy was an alcoholic or a drug addict in 85-91 you might have a slim chance to reopen claim.

Thanks alot for the advice. I still have to pursue something with this case or I couldn't live with myself. I know it's a billion to one chance, but I have to try. There has to be something I can do. Maybe not monitary but something to keep this company from selling these atv's or atleast raise public awareness, by the way they are still extremly prone to roll overs and are injuring people today. And almost half of those people are children under the age of 16. I do have the lawfirm digging up my case file and sending it to me. Along with all my medical records from the doctors, plastic sergeons, and initial emergency room visit. And if the best lawyers in this country cannot do any thing with this then I will try to find a way to change this law that enables a persons legal rights to be taken away and decided for them. I had absolutly no say so in this case, no knowledge or working understanding of what was going on. And in my view the money isn't the point right now it's the fact that this company knowing and willing sold a product to the American public that they knew was not safe. I feel that thise "accident" was completly avoidable and that these companies went after ignorant people with there advertising and lulled them into a sense of securty by designing this vehicle to look like nothing more than a giant tricycle. There is tons of evidents against this company pertaining to the unsafe product and their knowingly selling in my mind a defective and dangerous product. The cost to the american public between the dates of 81 and 88 due to rolovers from this companies atv's is over 249 billion dollars. At the time of the report which was done in 91 the company had only paid 84 million in restitution. I'm sorry to get on my soap box here, but a lot of this info is new to me and has made me more aware that this accident was not my fault as it has always been told to me. And I have to try to do something.

Thanks for the advice guys!
Lisa

I guess i will say it again, if you did this when you turned 18 then you would have a chance, but now the only thing i could suggest admitting your daddy was a drunk or drug addict during this time, might be the only way to get peoples attention and help you.

What were you doing that was so important at say 18 to 21 you didnt persue it then?
-----------------

I feel that thise "accident" was completly avoidable and that these companies went after ignorant people with there advertising and lulled them into a sense of securty

I guess your father was IGNORANT, now we are getting somewhere.

I never thought to question the case. My mother-in-law mentioned that she couldn't believe what they had settled for. So just recently I have really been investigating what had happened. Every time I ask my dad what happened during the settlement he refuses to answer me. Also my lawyer passed away and I have been having trouble finding the case files. In fact I just found out monday that the lawyer that I thought was representing had handed the case over to a different lawfirm. Like I said for all I know I could have gotten more from the settlement until I see the case files I will not know.

Thank You For Your Advice
Lisa

Lisa:

keep looking, the case files have to be somewhere its probably in storage somewhere and they have to get it for you.

You never thought to question it, is not a good reason to reopen a case, usually when someones turns legal age 18-21, they do question it, and the courts will usually look into it, but over 10 years ago, you really need something so bizare, like daddy was a drunk, arrested for dwi, served time in jail, all while he was negotiating your deal, would get peoples attention. Sorry to be so rude but this is what our justice system was designed for, if you didnt question the outcome,when you had a chance to, then you accepted it warts and all.

Good Luck!