dntknhw2b --
Yours is truly a sad story, and I wish that I were in a better
position to fully answer your question. However, as one of the
commenters already said, it would be impossible to give you a
definitive legal answer without reviewing numerous documents,
particularly those involving any agreements you signed.
The short answer is that you need to see an attorney as soon as you
can. Links are provided below to help you find one.
The general rule on settlements is that the agreement ends the legal
dispute; as is indicated in this document
(http://www.injuryboard.com/lawsuit6.cfm) from the Injury Board it is
standard practice that a settlement agreement include a binding
commitment that you not bring a lawsuit later. The purpose of
settlements is to end legal action; obviously, few defendants would
settle if they believed that the plaintiff could come back later and
sue again.
So, as a general rule, once you settle a case you cannot reopen it.
It is presumed that at the time you agreed to the settlement you knew
what your chances for recovery were. In effect, when you agreed to
the settlement, you took the chance that recovery wouldn't be as
thorough as you thought it would be (and the other side took the
chance that you would be "overpaid" you if you were to recover
quickly).
There are, however, some circumstances in which settled cases can be
reopened. The most common of these is cases in which a party used
fraud or other unlawful means to induce the settlement. I cannot tell
you, and neither could any other Google researcher, tell without more
information whether your case meets the circumstances in which you
could reopen the case. It is safe to assume, however, that you would
have an uphill fight; it also could be that you have a strong case,
but that the cost of legal action would be too high for the likely
results.
The bottom line is that you really need to talk to an attorney, and
the sooner the better (because of statutes of limitations that could
require you to act soon). I can't emphasize this too much: You need
to talk to an attorney, one who either knows the laws for such a case
or who is willing to do the needed research.
If you have a low income, one possibility would be to contact Legal
Services. Go to the following page to find out where the closest
Legal Services Corp. office is:
http://www.rin.lsc.gov/rinboard/rguide/pdir1.htm
If you don't qualify for such legal assistance, here is one place
where you can find an attorney in Texas:
http://www.texasbar.com/public/findlawyer/lawyerref.asp
You may need to get an attorney in Arkansas. For that purpose, you
could contact the bar association's referral service at
(501)-324-4774.
You can find other attorney referral services in Texas and Arkansas
using these Google searches:
://www.google.com/search?q=texas+attorney+referral
://www.google.com/search?q=arkansas+attorney+referral
My personal advice would be for you to find a personal-injuries and/or
administrative-law attorney and then pay him or her to do the legal
research to determine how strong of a case you may have. A good
attorney should be able to come up with a preliminary answer through
several hours of work, maybe less.
Like I said earlier, I wish I could be of more help. I hope you are
able to contact an attorney and find the answers (and justice) you
seek.
Sincerely,
mvguy |
