you may have a problem trying to nullify the settlement. Simply sending the check back does not accomplish that. Your son is of majority age, so his agreement to settle will be binding unless it can be shown that he was mentally inconmpetent at the time of execution, was put under duress by the other party or was materially defrauded. Not easy to prove. Not enough to argue a better settlement amount could have been gotten.
It is near impossible to nullify a settlement in California unless you can prove that he signed under stress and duress. You should contact a local attorney here in California who offers free consultations to get a more thorough assessment.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Send the check back, consult a lawyer and see what happens. Im sure your sons injuries even if minimal are valued more than $300.00. The worst thing that can happen is they fight and you only get what you started with but a good attorney should be able to help.
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Unlikely after a release is signed. This is what happens when you deal with an insurance company without a lawyer.
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I tend to agree with most of my colleagues unless your son is incompetent or signes under duress, th release is binding. The moral is never sign a legal document without speaking with your attorney. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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