Visitor Question

Is it possible to reopen a personal injury case after 30 years?

Submitted By: Anonymous (Gary, Indiana)

I was in an accident when I was a child where I was hit by a car and thrown several feet away from where I was hit. I was told I went up in the air and landed hard on the ground. I received head injuries and both legs were broken. I was only awarded about $12,000 and only $8,000 of it was awarded to me in a trust fund I received when I was 18 years of age.

I have had trouble with my legs and horrible headaches for all my life and it affects my ability to function effectively in everyday life. Is there anyway I can reopen this case? Is there anything else I can do to get compensation for my life long pain and suffering? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Regrettably the answer to both of your questions is “No”. In the State of Indiana the Statute of Limitations, or “time period” in which an injured person can either settle a personal injury case or file a lawsuit is two (2) years.

There are some exceptions, and the one which might have applied to you would have been available to you when you turned eighteen (18) years old. At that time if you were able to prove your parents or the trustee of your money somehow squandered that money on items which were not related to your best interests, then you might have been able to sue them for “Breach of Fiduciary Trust”.

From the facts you present that isn’t the case.

You can always contact your parents or the trustee of your money to see if there is anymore available which might have possibly been invested on your behalf and which you weren’t made aware of when you turned 18. Otherwise you are unfortunately out of luck.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 11, 2012

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