Birmingham, AL asked in Wrongful Death for Alabama

Q: can a wrongful death case be reopened after 24 yrs?

My husband was killed by a drunk driver in 92. My lawyer mishandled the case...and I got nothing from the suite. The man was driving a company truck on the wrong side of the interstate hitting my husband head on with a blood alcohol level of 2.87. I was never included in any of the decisions of the case..and it never went to court. My lawyer wouldn't even talk to me on the phone till it was all over. I was told a judge ruled against me. My lawyer wouldn't talk to me afterwards. I was left high and dry. All these years I have wondered if I could reopen the case for another review.

I sued the company, their insurance company and the estate of the man involved in the accident. I never rec'd a penny. Many have told me they think my attorney took a bribe of some sort..since the case was for 7.5 million. (that was the lawyer's decision). Is this too old to reopen or what can I do?

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: This long after it's too late to do anything. You might have had time after it went down to have a lawyer check the records. Why don't you go to the courthouse (what you should have done back in 92), look at the actual record. If you see it was "settled" or "plaintiff verdict" then your lawyer may have committed fraud. But get to look at the actual records.Make copies of the documents that are important. However this long after at best that would be a fraud prosecution--no case you can bring. (be possible to bring ethics charges, but again that's not a recovery for you).

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