now that i know about this, i'm furious. my son's car was totalled, and it has taken them 6 months to call him and offer 300.00 which he fooloishly accepted. He has NOT cashed the check and he e-signed the release and they have issued payment. Can we still get a lawyer?
Car / Auto Accident Lawyer
There are a few questions that would need to be asked about this situation. Did he sign any agreement? Was he able to mentally sign an agreement at the time? Was the agreement signed under distress? You should consult a local attorney immediately to work through this situation and assess it further. Most of us offer free consultations.
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You should definitely call an attorney immediately. You call your son "young," is he a minor? This may have an impact on the validity of the Release that he signed. But again, you would be well served by calling an attorney in your area as soon as possible. Many attorneys will provide you with a free consultation.
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In addition to the questions already asked, I need to raise this question: did your son settle all of his claims or only the claim for damage to his car? If your son was physically injured, and it sounds like he was, that claim is separate from the claim for damage to his car, and the release should be read carefully to see what claims it resolves.
Personal Injury Lawyer
Follow the wise advise you've received. Good luck.
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Was the release for just the car or for his injuries is the question.
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Car / Auto Accident Lawyer
If your son has a copy of the release, he should take it to a lawyer and ask for a review of the settlement release. If it is for property only, it should state so it in the release. 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.
The release needs to be reviewed by an attorney. If it is limited to PD, then the bodily injury claim should remain intact. The bigger question is your son's age. You say he is "young." How young? Is he mentally incompetent in some way. If so, he would be deemed incapable of contracting and the release is voidable at his option so that may be the overriding question for you to answer.
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