Legal Question in Personal Injury in Texas

possibility of reopining a case

I was involved in a fall at a mall that resulted in a lawsuit. It was decided that the suit was against the cleaning co. I went to the mediation hearing and was unofficially advised by both my attorney and the mediating attorney to accept a minimal settlement rather than go to trial. The settlement was approximately half of the medical bills at that point and since then my knees have deteriorated to the point that it is very difficult to perform even everyday acctivities. Is there a possibility of reopening this type of case? It went to the mediation hearing approximately 2 1/2 years ago and my fall occurred about a year prior to that. Do i have any options at this point?


Asked on 11/10/05, 8:42 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: possibility of reopining a case

My assumption is that the reason that the earlier case was settled for less than the medical bills is because you and your attorney concluded that you would have a slim or no chance of proving negligence (or that the responsible party was broke). I can not envision how the liability proof would get any better 2 1/2 years later.

As to the speficic answer to your question: If the case has been dismissed (which I assume it was), and the defendant was given a complete release, the answer is NO! Also, if the suit was dismissed, your claim is barred by the statute of limitations unless there was some written agreement to keep the limitations time open.

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Answered on 11/10/05, 10:29 pm


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