QUESTION
Can I reopen the case if my attorney did not give me a good settlement?
Asked on Nov 16th, 2012 on Automobile Accidents - California
More details to this question:
I forgot to tell that I had a surgery done in the backbone and my attorney didn't give me a good settlement, can I reopen the case?
8 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
at
Lapin Law Offices
Update Your Profile
Assuming you signed a Release (or a Settlement Agreement) as part of your settlement and it released all claims you had against anyone for your automobile accident then you cannot "reopen" your case. Once you signed the Release you gave up your rights to get more money. If your attorney was not aware of the surgery, which could have increased the amount of your settlement, then you cannot blame him or her for the lower settlement amount.
Answered on Dec 14th, 2012 at 2:32 PM
Thomas Edward Gates
Not if you already signed the settlement papers.
Answered on Nov 21st, 2012 at 4:55 PM
Business Law Attorney serving Walnut Creek, CA
at
Hirsch, Closson, McMillan & Schroeder, APLC
Update Your Profile
Not if you signed a release.
Answered on Nov 21st, 2012 at 4:54 PM
Ronald A. Steinberg
I see! It is the attorney's fault for the settlement which you believe is too low! What is the liability picture? How did the accident happen? If you are partly, or fully responsible for how the accident happened, and therefore had a chance at losing and getting nothing, then perhaps the lawyer was a magician and got you much more than you deserved. There is a huge difference between the value of an injury and the value of a case. If you do not understand it, then I suggest that you make an appointment to meet with the lawyer, and have him/her explain it to you. This time, listen to what is being said, and if you have any difficulties grasping the concepts, ask the lawyer to explain it until you "get it."
Answered on Nov 21st, 2012 at 4:54 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
If you signed an agreement settling the case, no, you cannot.
Answered on Nov 21st, 2012 at 4:54 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Not if you signed a full and final release of any and all claims and you were aware of the surgery at the time you signed the release.
Answered on Nov 21st, 2012 at 4:53 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Not if you signed a release which you likely did before anyone would give you a dime.
Answered on Nov 21st, 2012 at 4:52 PM
1 Award
Most likely, no. When you settled, you probably signed a settlement agreement which in all likelihood included a complete release of liability against the party with whom you settled. If your attorney was negligent, you may have a malpractice claims against him or her. But your deadline for filing a malpractice claim is very short (in CA, it's one year from the date your attorney was no longer representing you).
Answered on Nov 21st, 2012 at 4:51 PM