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Advice--legal guardian rips me off?


When I was 6, I was hit by a drunk driver. I knocked on death's door a few times, but barely survived. After being airlifted to a hospital (I wasn't expected to survive the trip), they did several blood transfusions, and I still flatlined a few times. I went through surgery after surgery. I required a couple months of hospitalization, followed by several months in a wheelchair and years of physical therapy. I had to re-learn to walk and talk again. My mother (my legal guardian at the time) settled the case for 100,000--less than the cost of the hospital bills. She was told by the insurance co. that as long as she settled they could send her some money immediately, and that was probably as high as she could expect to get. So they sent her a check for ten grand and made her sign paperwork to never reopen the suit.

Because of this, I became interested in law. Now I'm 18, and this situation seems...wrong. I was wondering if there's any sharp legal minds out there with some insight?

1. There is nothing you can do to recover any more money from the insurance company who settled the lawsuit. I assume it was the drunk driver's insurance company and they may have paid the policy limits of $100,000. The hospital bills were probably negotiated to a lower cost;

2. The money should have gone into an annuity for you so there should be money for you after you attain the age of majority (which it seems like you have already);

3. Who else can you sue? You may be able to sue the bar who served the drunk the drinks or possibly some other negligent party - AS LONG AS the settlement agreement our mother signed was not so broad as to cover anyone other than the insurance company and/or the drunk driver.

4. Assuming the policy limits of the drunk driver's insurance policy were paid, even if you were able to sue the drunk driver, you don't know whether the drunk driver had any assets for you to recover.

The situation WAS wrong, but there is nothing you can do about it now. Your mother signed your rights away.

I am so sorry to tell you this. Your mother was too stupid to contact a lawyer at the time. She screwed herself. Never stop the fight always get teh best from a bad situation you can. She signed a legal binding document that will hold up in court. You can call an attorney if you want, but it will do no good at all. Too much time has passed since the accident occured, and she signed a waiver to give up any right to sue for more money. WHAT WAS SHE THINKING?

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