It is a real ong shot. Talk to a local atty. Was he in therapy or on meds at the time? Will his then current medical providers say they feel he was incompetent during the time period he signed?
Do you have the 100k to return?
Probably not but I would have a local attorney review the Release and any other closing documents he was provided. Good Luck.
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Signing a release in an injury case terminates the case forever. The acedemicians will correctly point out that there are exceptions including duress and undue influence, but these are not every day remedies. I do recommend that you consult with an aggressive, experienced personal injury attorney to review the document and the circumstances.
Meanwhile, here is an article on the subject:
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Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
How old was he at the time of settlement?
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
First, I am not clear what you mean by "contract company lawyer."
If he was mentally incompetent at the time he executed the release and if that can be proven that he was It is possible attack the release. That will be difficult. Further, since the release is a contract, in order to rescind or undo the contract you must also tender the proceeds. In this case that would be the 100k. If your son was represented by counsel and the settlement was improperly conducted then you may have a cause of action against the lawyers who represented him.
This is a delicate situation. My comment on here would not do your inquiry justice. However, I would be happy to speak with you if you would like. I can be reached @ (404) 303-8875 if you would like to talk. If we don't talk, I wish you and your family much success & happiness. Take care.
Sam Levine, Esq.
Opening such a settlement may be extremely difficult and would likely require a medical doctor's opinion that your son was mentally incompetent at the time of settlement. Also, based on the amount of the settlement, this settlement may have been for the insurance policy limits. Overturning a general release of a claim, which is a contract, particularly after the money has passed, is not the type of action generally favored by the Courts. But each case stands on the merits of its own facts.
You may be able to "unsettle" the case if there is a defect in the contract to settle. I have had great success in "unsettling" personal injury claims that were settled by the attorneys in those TV commercials throughout the day. The best way to approach this "unsettlement" is to get an attorney that understands contract, insurance, and personal injury law very well.
A settlement follows the principles of contract law, which requires offer, acceptance, consideration, and performance. Any defect under contract principles that negates or defects any of those four points can make the contract voidable. It's best to talk to an attorney, though. It seems you've had a tough enough time doing this on your own.
Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.
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