QUESTION
What can I do now about a past settlement?
Asked on Nov 02nd, 2011 on Personal Injury - Oregon
More details to this question:
A settlement was won due to a misdiagnosis for my late wife in 2005. I've always felt it was an unfair settlement due to me being left with my two children with, at the time, my daughter being treated for cancer. I am not nor was ever for the money, but just wished for a better life for my daughter while she was still here. I was always limited to what was granted to me. Should I have not taken the settlement advised by my lawyer?
16 ANSWERS
Steven D. Dunnings
It's too late to do anything.
Answered on Jul 03rd, 2013 at 2:07 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
It's really impossible for me to say. There are so many factors to consider.
Answered on Jul 03rd, 2013 at 2:03 AM
Family Law Attorney serving McDonough, GA
at
South Atlanta Family Law
Update Your Profile
You have not provided sufficient information for a good assessment of the value of your case. If you accepted a settlement, chances are you *forever* signed away your rights to sue the parties involved for the same event and occurrence.
Answered on Nov 07th, 2011 at 9:07 AM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
I seriously doubt you have any recourse at this point because any statute of limitation would likely have run by now. If the children are minors, you may have a possible claim.
Answered on Nov 03rd, 2011 at 10:14 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Statute of limitations is 3 years. You cant do anything, so forget it. No sense beating yourself to death over a bad judgment 6 years ago. And it may not have been a bad judgment. It was probably the best that could be had at the time. Settlements are usually compromises because both sides have a point of view. Folks normally don't roll over and send you truckloads of money. They fight. They contest. They contend. And your lawyer does the best he can with what he has got.
Answered on Nov 03rd, 2011 at 8:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You can do nothing now. The whole purpose of a settlement is to settle the matter. If you could re-open it, it wouldn't be settled now, would it? That's why it's called a "settlement". You claim you are not for the money, but that's what it's all about. You claim that you felt it was unfair, but you signed for it. You ask if you should not have taken the settlement, but you state that it was advised by your lawyer. If it was advised by your lawyer, that's why you should take it, your lawyer's advice is one of the values you are paying for, since he/she is the one in the position to properly evaluate a case. It's been 6 years now, way past time to move on. Get some counseling.
Answered on Nov 03rd, 2011 at 5:57 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Once a case is settled, you cannot reopen it to get more money even if you feel that the settlement was unfair. I would have to know a lot more about the case before I can say whether you should have settled for more. I will say this, in most cases, you settle for less than the full value of all of your damages, and even though it is for less than full value, it is in your best interest to do this. In some cases, the issue of whether the incident (such as a wreck) caused all of your injury is disputed. Rather than take a chance that you will get little or nothing, you compromise and get a larger settlement than the Defendant wants to pay, but less than your total damages. In a Med Mal case, liability is usually disputed. The Defendant likely had an expert prepared to testify that the misdiagnosis was not a result of negligence, but that, given the information the doctor had, any reasonable physician could have made the same misdiagnosis despite exercising all due care. In that case, you have a choice of rather to go to trial and get all of your damages, or compromise. You probably did the right thing.
Answered on Nov 03rd, 2011 at 5:37 PM
New User
You cannot undo the settlement you reached. Whether it was a mistake is impossible to say without a full review of the case. Hopefully, you had competent lawyers and the settlement was fair.
Answered on Nov 03rd, 2011 at 5:29 PM
It appears that too much time has elapsed since the settlement was consummated and it may be too late to contest the settlement at this time.
Answered on Nov 03rd, 2011 at 3:37 PM
Assault Attorney serving Richardson, TX
2 Awards
If you signed a release you are normally bound by it.
Answered on Nov 03rd, 2011 at 12:36 PM
4 Awards
It is always a temptation to second-guess a settlement after the fact, and after the money you received has been partially or completely spent. At the time of settlement there are pressures that are weighed in the decision to settle, many of which seem different now that time has passed. Medical malpractice cases are notoriously difficult, and the burden of proof is high. Many juries are sympathetic towards doctors, and not all doctors' mistakes are considered malpractice. Without knowing the entire situation and all of the attendant facts, it is impossible to tell whether or not your settlement was a good one. Whatever the settlement amount was, your case was evaluated by your attorney. If they were competent and trustworthy, things that you thought about at the time, then the settlement was probably fair. It is now six years after your settlement and too late to pursue an action against the original parties or the attorney who represented you. You should probably try to reconcile yourself to the settlement you received and move on, as best you can, with your life.
Answered on Nov 03rd, 2011 at 1:07 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
at
Mishkind Law Firm, Co., L.P.A.
Update Your Profile
Once a settlement has been reached and finalized and (in the situation of a wrongful death claim) approved by the Probate Court there is nothing you can do. Once the case was finalized and the lawsuit was dismissed it becomes final. If the lawyer you hired did not get you a reasonable settlement or you feel he did not adequately represent your interests you had one year from the settlement to pursue a legal malpractice claim against the attorney. Unfortunately it sounds like you have very few options at this time.
Answered on Nov 03rd, 2011 at 12:37 AM
Personal Injury Attorney serving Spanish Fork, UT
at
Utah Legal Team
Update Your Profile
At this point, there is nothing you can do unless you choose to sue your lawyer to malpractice.
Answered on Nov 03rd, 2011 at 12:33 AM
Insurance Attorney serving Spokane, WA
at
Law Offices of Bodey & Bodey
Update Your Profile
That is very difficult to say. I am not sure what you were advised, or the contents of the settlement agreement. It may be difficult to bypass the settlement agreement if a settlement contract was entered into. This would require a full investigation to gather all of the facts that surround the settlement.
Answered on Nov 03rd, 2011 at 12:09 AM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
Sorry to hear of your loss. There is no way that question can be answered based on what you have provided. Most likely, it was a proper settlement if your attorney recommended it. It really doesn't matter at this point because there is no going back on it. Time to look to the future, as difficult as that may be.
Answered on Nov 03rd, 2011 at 12:08 AM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
Your children may still be able to make a claim, but you cannot.
Answered on Nov 03rd, 2011 at 12:08 AM