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Can I appeal a signed release form?

San Diego, CA |

I got into an accident and sustained back and neck injury. I have been seeing a chiro. 3 times a week. I was receiving bills from my emergency room visit which I told the insurance company I wanted to pay. they then told me to sign a release form and they would pay it immediately. they offered me $500 for myself, $3000' for my medical bills, and gave me a considerable lower estimate on my car than my private body shop did. I ended up signing the form but later on found out that my medical bill exceeds $4000 and that the $500 they offered me is very low. I was wondering if I could appeal the release form I signed. Also, the release form needed a notary seal or signature of 18yr old which I forged.

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Attorney answers 6

Posted

The contract is void if you were not 18 when you signed it. What does this have to do with a work injury?

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

Posted

If the claim is actually work-related, you can refer the bills to the WC Insurance for payment. The doctors are forbidden to collect from you if they know it is work-related. If the claim was not work-related, you made a bad financial decision when you under-estimated your medical damages. If you forged the Witness signatures, you will probably be laughed at when you try to unwind the settlement. If you DO manage to unwind the settlement, you will have to pay back the 4,000 to start over.

Fraud or Mutual Mistake are typically the only reasons to overturn a settlement agreement within the 20 day Reconsideration window. Since YOU are the one who forged the document, I do not believe Justice is going to smile upon you.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

Posted

Is this a work related accident? I agree that usually there has to be a mutual mistake to overturn a settlement however different rules apply between workers compensation and auto cases.

Posted

It sounds like your question is misclassified in the employment law section and is really a general personal injury question.

Unfortunately, insurance companies are notorious for these "quick and low" settlements. The only way to get out of them, once you've sign the release, is typically to prove mutual mistake, fraud, or duress (i.e., they came to your house the night of the accident with pen and paper insisting that you sign). Your facts do not indicate that any of these theories would apply. I am very sorry.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

Posted

You are probably out of luck. Next time consult with a lawyer immediately. I looks like you tried to make a quick buck instead of making sure you protected yourself and paid the price.

Posted

Forging a notary's signature may help you to get out of the contract, but it sounds like you had the intent to abide by the terms it stated. So once you call attention to your fraudulent activity, then do you really think they will nullify the contract just for your benefit, and offer you even more money, or call the police and get you arrested for fraud? This is only my personal opinion, but it sounds pretty dangerous to me. Call some other attorneys and ask them, please.