Accident Insurance

[friedabalch]

TX-Fred's accident 7 yrs ago-struck by a pickup while walking. Ins pd $27,000. He nor doctors knew the extent of life-long consequences. He now claims total disabililty- physical + emotional. He lost his work ability and his family through divorce. His accident affected everything in his life. He now takes bi-polar medications along with many others. He has had extensive counseling, surgery, and rehabilitation, which will continue. Because of weakened immune system, he has mold that has spread to both lungs and serious diabetes. Many times he has been unsuccessful in obtaining help for necessary, expensive, hard-to-obtain medications. And has passed up hospital and clinic care because he can't afford the 20%. After struggling with expenses and supporting kids, he must sell his home. Does he have any recourse for back + future compensation? He is extemely ill. Who will put his young children through school? He is only 45 years old. Thank you. Frieda Balch

 

[ALawyer]

He has 3 problems-

First, if as likely he settled the claim and signed a general release, it is almost impossible to reopen the matter. That's what general releases are for -- to protect against all possiblefuture claims.

Second, if he did not sign a general release it is very likely the statute of limitations has run. I don't know what his state's statute of limiations is in a matter like this, but they are almost all far less than 7 years.

Third, is causation. Demonstrating that his life was ruined because of an accident is very tough. Things happen to people without accidents and most juries are unlikely to believe that this whole tail of woe was the result of an accident.

 

[friedabalch]

Accident Insurance - Fred

Thank you for your time and information.

Frieda Balch