i filed about 18 years ago. a tort clalm agalnst the va 18 years ago.after being stalled over and over for 3 years by the va.i did winmy heart the tort claim and was told when iagreed to settle by the us attorney that i could have gotten a lot more if my attornies were better.employablethe va hospital doctors not only misdiagnost me ,but destroyed my heartmaking me immediately 100 per cent disabled,machine dependent,uninsurable,unemployable,ect.and told me i only had a maximum of 7 years to live.we lost our homme,our car and every thing else we had.the va kept telling me it would handled soon.after 3 years out of desparation and under extreme duress iagreed to the us atty.s offer.i have been told many times that i should hae an atty. reopen my case since it should have been settled for a lot more.please advise.
I am afraid that once you settled the case, any rights to pursue the VA for the same thing was lost. You can no longer open any claim against the VA for this matter and you cannot seek to rescind the agreement unless you can prove an actual fraud in settling the agreement. Furthermore, you had only 3 years from the signing of the agreement to seek to raise the issue of fraud. Additionally, if your attorney committed malpractice, which they may have based on the statement to you by the US Attorney, then you only had 1 year from that date to sue your attorney if they committed malpractice in your settlement. Sadly, any claims you may have had now would be barred by the statute of limitations.
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