Legal Question in Personal Injury in Pennsylvania
Here's is my question. In 2006 my mother signed a settlement agreement for a lump sum because she got injured at Kmart. A the time she received $9,999 check. However, I am looking at her settlement contract and I believe they made a mistake. I will write word for word what it says, at least one of the paragraphs, in this settlement contract ..."WHEREAS, the parties agree that a lump sum of Ninety-nine Thousand Nine Hundard and Ninety-Nine dollars (9,999) is a fair and reasonable settlement". My mom has a mental illness, and obviously she would have never caught this mistake. I, however, just found the contract and noticed that they wrote the words $99,999, but in parenthesis left out the extra 9. And so, when they gave her the settlement money, she only received the (9,999). Doesn't this mean, they still owe her the other $90,000
1 Answer from Attorneys
Was your mother represented by an attorney in connection with the settlement. If so, the attorney would have been entitled to a contingent fee. A release does not describe attorney fees because attorney fees are a matter of contract between the client and the lawyer. If in fact, the release provides that a lump sum of $99,999 is a fair and reasonable settlement, then why would your mother have received a check for $9999. You should discuss the matter with the attorneys who represented your mother. If your mother was not represented, was she in a state of mind in which she was able to competently conduct her affairs. This is a matter which should have been resolved long ago. You should be aware that there are statutes of limitation governing breach-of-contract claims and personal injury claims. You should better inform yourself about the facts of what injury your mother suffered and who, if anyone, represented her.
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