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After accepting a settlement in a law suite pertaining to a road accident, can I revoke my decision and ask for review?

New York, NY |

Being the injured person, I accepted a settlement amount after considering all expense. But after accepting I was informed of a much higher medical bill I had to settle. In view of this I want to reverse my decision. What remedial options do I have?

Attorney Answers 8


  1. I assume you have a lawyer and you should discuss your options with him. Whether you can back out of the settlement will probably depend on how the agreement was reached and whether there is a binding written agreement executed by the parties or a settlement made at a court proceeding that was on the record.

    Good luck.


  2. Did you sign anything?


  3. Settlements are always in writing, and if so, it is unlikely it can be reopened absent fraud or some other compelling reason.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. You should discuss this with your attorney regarding the terms of your settlement and release of all claims.

    View my website & 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


  5. Best bet is to get your lawyer to negotiate down your medical bills.


  6. If you signed a Release than likely not but you should still consult a personal injury attorney as I have been successful in arguing the Release was signed under duress.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  7. If you signed a release and stipulation to discontinue the case with legal representation, then the case is over. Discuss the matter with your attorney.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  8. Once you agree to a settlement the other side, the defendants get to rely upon that settlement and you are bound by it. The only option you have is to discuss with your attorney why the information you may have had or believed at the time of the settlement was not accurate.

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