Legal Question in Mediation in California

Lawsuit Settlement

Thank You for answering my question. My father-in-law was injured and his lawyer suggested that he settle before the case went to trial. He did not want to settle, however he listened to what his lawyer suggested and they settled the case on Thursday August 30th.

Is my father-in-law locked into his decision that he made on August 30th, or is there a law that says he has a certain amount of days to change his mind...like a contract when purchasing a car...etc.

I look forward to your response.

Respectfully,


Asked on 9/03/07, 2:26 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Lawsuit Settlement

If he hasn't yet signed the settlement agreement or agreed in open court to the settlement, then he can back out. He should notify the lawyer of that fact.

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Answered on 9/03/07, 3:58 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Lawsuit Settlement

If he executed a settlement agreement, he's locked in. There is no grace period for settlement agreements.

By the way, there is no grace period for vehicle purchases, either.

And being locked into a settlement agreement isn't such a bad thing. You might think you're entitled to more money, but you just do not know if the jury is going to agree after hearing the other side. Instead of gambling for more money at trial, your father-in-law took the sure thing.

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Answered on 9/03/07, 5:05 pm


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