Can I take further legal action if I was a 6 year old when I got run over by a mail truck and my mother sued the post office and I received my settlement when I turned 18?

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Can I take further legal action if I was a 6 year old when I got run over by a mail truck and my mother sued the post office and I received my settlement when I turned 18?

I am 23 now and still experiencing my back pain. It’s becoming more and more stronger and keeping me from being comfortable and caring for my 11 monh son. What should I do about this? Can I take legal action for my ongoing back, neck and hip pain?

Asked on October 29, 2012 under Personal Injury, Tennessee

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I am sorry to hear about your accident.  Unfortunately, at this point, it is likley too late for you to seek additional compensation for your injuries.  First, once you settle a personal injury claim, as your mother did for you, you must sign a release which releases the party who injured you from any future liability to you for your damages relating to that accident.  When you settle an injury claim and sign the release, this ends your claim, no matter what might come in the future.  Additionally, at this point, the statute of limitations has passed.  All states have a window of time in which they allow an injured party to bring an injury claim.  It varies from state to state.  In most states it is two years.  At this point, you would be way past any state's statute of limitations period, even given the fact you were 6 when the case was settled.  If you are still unsure, I would suggest you seek a consultation with a personal injury attorney in your area who can give you the laws and statute of limitations specific to the state you live in.   


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