Q: If an injury lawsuit has been filed and settled and the plaintiff is getting an annuity but info comes out that she was
Umpiring baseball games when her claim was she couldnt work due to a back injury can she get into trouble or is it too late since its settled?
A:
Of course, much more information is needed to provide a complete answer. A partial answer would include:
It depends on the language of the settlement agreement. If she made misrepresentations, that could be a factor as well, particularly if she made a statement, under penalty of perjury, inconsistent with her actual activity. She should consult with the attorney who handled the settlement as he would have the best information.
In most cases, the parties settle the claims understanding that there are weaknesses with the claim that could affect the outcome at trial. The “other side” may have known about the umpiring, but determined that such activity was not rigorous enough (no offence to umpires!) to be precluded from her list of permitted physical activities.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
