Skip to main content

My young son was hit by a drunk driver and already settled

Sacramento, CA |

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?

Attorney Answers 7


  1. 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.

    Check out my website below and 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


  2. 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.

    Francis J. Lafferty, IV, Esquire Helping injured workers throughout Pennsylvania. fjl@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.


  3. 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.


  4. Follow the wise advise you've received. Good luck.

    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


  5. Was the release for just the car or for his injuries is the question.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. 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.


  7. 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.

    Because every legal situation is different and depends on many factors, the responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Such a relationship is only created when our firm and any potential client agree upon and enter into a written retainer agreement.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics