Legal Question in Personal Injury in California

Re: settlement problem

First of all, we need to know whether there was a written Settlement Agreement and Mutual Release signed by you and the other parties. If so, this is a valid and enforceable contract which dispenses with the lawsuit. It is quite likely that your written settlement agreement requires your attorney to file a Request for Dismissal with the Court once the settlement check is received. Your case would then be over. So please tell us whether you have signed a settlement agreement or not.

If you have and the case is over, your remedy is against your attorney in a malpractice claim, which would be VERY difficult to win, because the amount of a settlement is a question of individual value to each party. Without knowing the facts of your case, we cannot comment on whether your settlement was reasonable. Some people will settle for less than reasonable amounts because of the emotional value of having their case done with.

Re: settlement problem

It's pretty tough to set aside a settlement agreement, but not impossible give the circumstances. Without more information, one can't really give you an opinion or information that would be more helpful.

Re: settlement problem

I agree with Mr. Roth and Mr. Lee, and we need more facts to answer.