San Bernardino, CA asked in Personal Injury and Products Liability for California

Q: Under what conditions can a person withdraw their agreement to a settlment if the defendant has not paid in a year?

Mesh I'm a victim up I'm a victim of transvaginal mesh I signed my settlement over a year ago and now I need additional surgery they still have not paid me and I want out of the contract

4 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Products Liability Lawyer
  • Los Altos, CA
  • Licensed in California

A: Depends on the language in the agreement. More likely the thing to do is to "enforce" the agreement. See an attorney in person with documents for more direction...

Edward A. Smith
Edward A. Smith
PREMIUM
Answered
  • Products Liability Lawyer
  • Sacramento, CA
  • Licensed in California

A: Reach out to your attorney who represented you for your original settlement to discuss this matter. I do not know the particulars of your case. Since I did not represent you for the initial case, I cannot state if you have money set aside from your settlement for future treatment.

However, generally speaking, if you have settled your claim then it cannot be re-opened.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

i assume you had a lawyer for your settlement...........if not shame on you.

that lawyer should go back to defense and explain your position and that they have breached the terms of the settlement by not making a timely payment...unless they explained up front that it would be a year or so to receive the money.

you either want to enforce the settlement or argue they breached it.

Tim Akpinar
Tim Akpinar
Answered
  • Products Liability Lawyer
  • Little Neck, NY

A: If you were represented by counsel, contact them to review the agreement you describe. When a case is settled, settlement terms are generally memorialized in a release. While the release might not specify actual timetables for payment, one year is a long time for a settled claim to remain unpaid. If you were not represented by counsel, you could arrange a consultation with a California attorney to review the release and any other agreements, correspondence, and communications, and identify your options and deadlines before which you must act to preserve your rights.

Tim Akpinar

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