QUESTION

Is it too late to get a lawyer and demand a greater settlement?

Asked on Aug 18th, 2011 on Automobile Accidents - North Carolina
More details to this question:
My elderly mother was in an accident in which she was the passenger and was injured. After going to doctors she was finally told that the problems she is having because of the accident is something she will now have to live with. The insurance company since then has been hounding her to settle with them out of court. She told them she did not want the little amount of $2,500 they were offering her, but after numerous attempts on their part, they got her to sign a paper, not notarized, saying she would accept $5,000. They sent her a check, which she has not cashed. I have since found out about all this, and have advised her not to cash the check. Is it too late for her to go to a lawyer, now that she signed that paper and got the check, even though she has not signed it?
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1 ANSWER

It is likely too late now that your mother has entered into an agreement to settle the case.  However, if you could prove that your mother was not competent to understand the nature of the agreement she was reaching, you could perhaps have the agreement set aside.  In that case, someone would need to be appointed to pursue your mother's claim on her behalf.  You may wish to contact an attorney to discuss. 
Answered on Aug 19th, 2011 at 1:10 PM

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