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I am a party to a lawsuit that has just settled & the premise of the suit is false & am wondering if there is a way to back out?

Little Rock, AR |

I was in a MVA that resulted in the death of a pedestrian and my family has been sued for negilgent entrustment. I took the keys w/o permission & the details in the plaintiffs complaint are false.

Attorney Answers 5

Posted

Hopefully, you have an attorney and you absolutely need to talk to your lawyer before you try to back out of the agreement. In Arkansas, if an agreement to settle has been reduced to writing or the plaintiff has dismissed the case, the settlement agreement is enforceable.

Again, go talk in detail with the lawyer who is representing your side of the matter about all the possible consequences that could happen to you and/or your family before you decide to try to "undo" a settlement agreement.

This answer does not create a attorney client relationship and cannot be relied upon as a legal opinion as there are too many unknown facts to this matter to render an opinion at this time. Campbell & Grooms, PLLC http://www.campbellgrooms.com

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Asker

Posted

The settlement has been reduced to writing. Or "settled in principle." The plaitiff has not yet dismissed the case. Is this still enforceable? Also, we are not getting clear communication from our attorney's (paid by insurance), should we try to retain another before the money is tendered?

Posted

You need to talk to your attorney, you are starting down a path with many pitfalls that you are likely unaware.

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Posted

If the settlement has been finalized (i.e., the written settlement agreement has been signed by all parties), the settlement is enforeceable and binding. It is too late to back out. If there has been a settlement in principle and the settlement has not yet been finalized, and there is a basis for you to argue that there was a misunderstanding, lack of meeting of the minds, or other reason not to proceed further, there may be a basis for you to back out. However, this is a tricky proposition and you need to consult with your attorney to further discuss this matter, including the potential ramifications of your backing out.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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Posted

Those are facts that must be determined through witness testimony. Is your family's insurance providing you a defense?

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3 comments

Asker

Posted

No. They have provided bully's for attorneys w/ strategy.

Rick E Woods

Rick E Woods

Posted

Does the settlement include dismissing as to you? If so, you should not fight it, but see if you can get a confidentiality clause.

Asker

Posted

Yes, settlement includes dismissing me. No one has mentioned a confidentiality clause. & in the above I meant to say NO strategy for defense.

Posted

This usually depends upon whether there is a signed agreement. The best person to answer this question is the attorney who represented you. I hope this helps

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