Legal Question in Personal Injury in Florida

When I was 12 years old I was involved in a bad car accident. I was riding with a friend's mom. She had stopped at a stop sign in a residential area, and a Pizza Hut delivery driver plowed into the rear of her vehicle going about 50 mph. It was dark and raining, and he had tried to brake but slid into us. According to the police officer I absorbed the most impact as the vehicle hit on the right-rear side where I was sitting. That night on the way home I started having HORRIBLE neck and back pain! I told my mom and she took me to the hospital. They treated me (can't remember how) and referred me to a Chiropractor. My mom decided to sue Pizza Hut, but she knew nothing about law. She hired some hillybilly hack of an attorney, who after about 3 years of my mom calling and calling him, eventually just settled on a claim of $6,000, of which the attorney received half! It didn't even cover any of the medical bills! I even had a written record from my doctor stating that I would experience back pain from the injury for the rest of my life, gradually getting worse as I age (which it has substantially). I suspect now the attorney may have been paid under the table by Pizza Hut to blow off the case. I cannot imagine how a 12-year-old boy permanently injured for life because of their employee's recklessness speeding through a neighborhood at night in the rain could not result in a fair and substantial claim. Certainly more than $3,000! My question is this, is there any possible way, me being too young at the time to even understand what was happening, to re-file the suit, or submit a new lawsuit with a decent attorney? My mom did know any better either. As it stands now it is often difficult for me to get out of bed in the mornings, or stand for extended periods of time. I frequently get slipped discs that literally make it impossible for me to move, and yet I have to try to earn a living working this way. There must be something I can do. Any advice here would be greatly appreciated!


Asked on 10/22/12, 12:14 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

How old are you now? When did you reach 18? Was the settlement approved by a Court? You may have claims depending on the answers to these questions. Seek legal help.

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Answered on 10/22/12, 12:18 pm


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