What can I do if I am not happy with the settlement in the personal injury case? - Accident Law Questions and Answers- LawQA.com

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What can I do if I am not happy with the settlement in the personal injury case?

What are my options: mediation sheet with 9 details. The detailed SA is out of scope of what I agreed to in mediation including paragraph of my responsibility of all taxes. The personal injury attorney is no help and has already received the settlement check, signed my name and deposited. I found out today my case is 1st choice for jury trial on 12/5. Should I request continuous from my attorney to sort out appropriate detailed SA?

Answer By Donald K. Broad
Broad Law Firm, LLC
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If the case settled at mediation, and a settlement agreement was signed (which it should have been), then the case is settled. It sounds like you are having some issues with the language in the Release. That can be negotiated, but in general, most of the terms in a Release are pretty standard.

Answer Applies to: Indiana
Replied: 12/1/2011

Answer By Bernard Huff
Bernard Huff, Attorney/Mediator
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State all of your concerns in a letter addressed to your attorney and request a response by a due date. You may send the letter via certified mail and make a follow-up telephone call..

Answer Applies to: Indiana
Replied: 12/1/2011

Answer By David W. Craig
Craig Kelley & Faultless
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You should contact your attorney and ask for a meeting face to face. If you settled in the mediation then the settlement is final and can be enforced. I assume that you signed a Power of Attorney so that the attorney could sign the settlement check. Otherwise she/he has no right to sign a check made payable to you. It is normal practice however for an attorney to have his/her client sign a Power of Attorney so that the attorney can endorse and deposit the settlement check. Once the check clears then the attorney should forward your portion of the settlement. Most injury attorneys also provide their client's with a settlement statement which clearly where all of the money is being allocated. Usually the client is asked to approve that and sign it for the attorney before any money is distributed. As far as taxes if your case was a personal injury claim only then you should not owe any taxes. I would recommend that you contact whoever does your taxes and clarify that fact if you have been told something different.

Answer Applies to: Indiana
Replied: 11/30/2011

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