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What are the consequences of accepting a meager malpractice settlement check that I received?

New Haven, CT |

Check would cover what I owe IRS -- one side-effect of the malpractice -- but I'll reject the check if IRS won't accept less, or will confiscate the deposit, or if accepting means I cannot sue my lawyer later. Been on CNC 8 yrs since I could not afford either the IRS counter of about 20% back then, or even a bankruptcy filing since. I received the check when the Court enforced a written agreement that I refused to sign, and over my objection that it had only defendant changes from our earlier verbal agreement, and without the contingency item w/ financial penalty that I emailed to my lawyer well before submission deadline. Could I accept this check and sue the pro bono lawyer for the difference later?

Attorney Answers 3

Posted

Sit down with you lawyer to discuss this matter ASAP. If you do not like the answers he/she provides then consult with another attorney ASAP. If you endorse the check and deposit it into your account you may be waiving claims you would wish you hadn't. This matter is time sensitive, so do not delay.

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Posted

I recommend that you sit down with your lawyer for answers on this issue. Or get the opinion of a local attorney immediately. From what you say here it appears that the court already ordered the matter "settled" if that is the case your options are different than if you need to formalize the settlement

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1 lawyer agrees

Posted

This is too important and time sensitive for you to rely on online advice. You really need to make an appointment with a personal injury attorney to discuss all the facts and circumstances. This is the only way to get competent legal advice.

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