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What if you have second thoughts about your settlement. ..haven't signed anything, but lawyer waited after settlement to tell yo

Tucson, AZ |

You how much his insurance was paying

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Attorney answers 7


I do not fully understand what you are asking, but if you have questions about your settlement, you need to talk to your attorney.


Your facts are not clear, but if you gave your attorney permission to settle at the numbers discussed and he/she did so, you are probably stuck.


Unless accomplished in open court, the proposed settlement may not be binding on you or the party/ies you've sued. Although your lawyer may feel differently. In other words, an attorneys word is and should be sacrosanct.

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


Contact your lawyer and sit down to discuss these issues with him/her. Be clear about your concerns.


Explain ALL of your concerns to your attorney.

The above information is the opinion of the author only, and should not be interpreted as legal advice. Should you desire a personal consultation to more fully discuss your facts and legal options available, you may contact my office at 928.775.9398.


I would add to Mr. Adams's answer that it is binding if it is accomplished in open court, on the record. Further, if you execute a release and a stipulation of discontinuance, as well as a hold harmless agreement, and deliver them to the defendants, you will have accepted the defendant's offer.

That said, your attorney is in the best position to help you with your second thoughts. Your attorney knows the strengths and weaknesses of your case and can evaluate an offer in the context of those strengths and weaknesses.

I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.


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