In 2010 my son signed a 100,000 dollar settlement being diagnose with PTSD I don't think he was not mentally well to sign such a settlement without a lawyer. And I think the contract company lawyers walked him though settling for this. He still isn't well and is now drawing disability and social security made me his mom payee over his funds. I think his settlement should have been more and they tricked him and took advantage. and I see errors in the settlement papers.
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.
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.
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.
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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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.
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