Q: Need advisement on legal documentation
A: If you are already represented by an attorney you should speak with that attorney about the proposed settlement agreement. If you do not have an attorney, however, unless you are willing to pay an attorney by the hour, it is unlikely you are going to find one who is willing to review the settlement agreement for you. Generally speaking, a settlement agreement is a general release whereby, in exchange for money, the plaintiff / claimant releases the defendant from any and all claims he might have against it, both known and unknown. You cannot sign the settlement papers and then, years later, have a change of heart and look to rescind the agreement. Even if your physical condition gets worse (I'm assuming this arises out of a personal injury claim / lawsuit). Once it's signed, the case is over, forever.
A: the other thing you have to watch for are "subrogation claims." Lets say it's a slip and fall. You settle. But your health insurance has a claim for the money they paid for your medical treatment. They can come after you! Likewise Medicare or any state assistance. So at least get the consult of an attorney before you sign. Some may agree to represent you based on what they get on top of what you got yourself. I have seen cases where people seem to have been offered what I would have been glad to get, so it's possible you are getting top dollar.
The other exception is if it's a car wreck, in which case you may have underinsured claims you need to protect.
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.