Injury from 15 years ago now surfacing, do we have any legal rights?

[Ummmmme]

My husband was in a fight 15 years ago when he was 17 and the other guy was 27. It happen in the state of California after a friend of my husband supposibly cut off the 27 old male in his car. The 27 year old followed them and challenged them to a fight which my husband participated in. After they had several "blows" exchanged and thinking the fight was over, my husband went to go retrieve his glasses that had fallen off during the fight. That is when the 27 year old guy came and kicked my husband in the head from behind with his steel toe boots. My husband suffered a cereberal hemorage and was in the hospital for several weeks in critical condition. They went to court to settle this but the 27 year olds parent had hired a good attorney while my husbands parents had one appointed. It ended in "Mutual Combat" but the 27 year olds parent did pay the out of pocket to insurance that my husbands parents had to pay. Now, 15 years later, my husband has suffered several seizures resulting a a head on collision, broken bones, 7 months out of work and one car totalled while another was run into a cement wall. After seeing a doctor and having a mri done on his head, it is due to scare tissue from the kick he received. I am wondering if we have any legal rights, since this was from so long ago but it was such a malicious and mean act and one that we are paying for. Any advice would be greatly appreciated. Thanks in advance!

 

[rentertooo]

Your papers probably indiciated the payment was a final payment for all damages in legalese
"from this day foward till the end of time"

The end of time hasnt come yet, so you are not entitled to any more money.

I guess you have learned a very valuable lesson that NOT having a good lawyer can be very
expensive.

Think of it this way, there is a statue of limitations usually short maybe 3 years to file a claim,
but how does THIS doctor know 100% for sure it was THIS scar that cause THAT seizure?

Why do you think rapist and murderes are let out of jail? because they have a DNA sample,
that could not be tested 15 years ago becuase it didnt exist.

Same with an MRI, if he had one 17 years ago and the doctors missed it, then maybe you
might have a sliver of a chance.

So are you trying to say he never had a headache or migrane? is not overweight? doesn't
smoke drink or do drugs? If he is a body builder never using any steriods or supplements? Not a
diabetic colesterol is LOW, or in other words in perfect health and had NO vison problems, or
balance problems or no co ordination problems in 15 years? Did He have regular psyicals? Or
any x-rays or other MRIs in the last 15 years?

Absolutely No warning whatsoever?

 

[Ummmmme]

Reply to rentertooo

Hi rentertooo and thanks for your reply. Yes to all your questions. He has never shown any sign of seizures or warnings up until about 8 months ago. As far as when it happen and how can we pinpoint it to the accident, the doctor stated that the scare tissue is around his previous injury, when he was kicked in the head. The doctor would probably testify to this since he is very sure about this. It just seems like there is something we can do since this has surfaced years later without any warning and the damage it is doing to us, our finances and peace of mine.

 

[rentertooo]

I guess you need to find the lawyer who handled this and see if they still have the file in some storage facilty.

It will cost you a few $$ for the office persons time and the retriveal of the file, with all the medical reports

Then maybe you can get some idea of what was settled. And find the police report.

Of course if he had some brain surgury on the exact spot of the previous injury, that would be a really really big help.

Other then that... the statue of limitations has long since past. And for a doctor to be pretty sure in not good enough he has to be totally convinced there is no other reason for this.

I mean who would Mohammed Ali sue for his Parkinsons disease? George Foreman for his blows to the head 20 years ago?

I would suggest its time to call on your family for help. Someone must have a free place for you to stay while you try and salvage your finances.

good luck!