Auto Insurance Claims: 10 years after settlement now on disability, health insurance bills, true determination

Question
Hello,
One of my relatives was in a horrible accident 10 years ago.  The lady plowed into this person rear ending them and pushing their car 30 feet.  Both cars were totalled.  My relative was knocked out and at the time and still today gets bright flashes of light that leave them almost blinded (10 years later!) They just recently went on disability because of injuries - bulged disc in neck and horrible migraines that keep them bed ridden for days.  The disability goes back 7 years, because of the accident leaving this person unable to work.  The kicker is that the attorney was able to get this person to settle (they received only $10,000 after all the health insurance bills were paid!) before court and shortly after he retired  (just recently learned of this).  Now, this person wants to sue the attorney and the parties involved for injuries that are still there and they are unable to work.  They are concerned that the insurance company paid off the lawyer so they wouldn't have to pay out a huge settlement,  hence the lawyer retiring.  Can this person still sue after all these years and what case would they have.  Sorry this is so wordy.  

Thanks in advance,
Jess

Answer
Hi Jess,

First of all I am not an attorney.

In most cases when an insurance claim is settled, the person receiving the money (your relative) is required to sign a release form. That release form indicates that regardless of what may be found in the future you are agreeing that you will not be able to come back and claim more. There are exceptions in some situations, if the injuries were much more serious that anyone knew at the time.

Also, the fact that 10 years has gone by is past the statute of limitations in all states. As far as the attorney taking a bribe, I would seriously doubt that.

You relatives best bet would be to contact any attorney in their area and make an appointment to discuss the entire case. Only then can a true determination be made if there is anything that can be done.

I hope this helps
Richard Hixenbaugh