Legal Question in Personal Injury in California
I signed a release of claims, except for property damage, with the understanding that I would be receiving $9,554, which was clearly stated on the release I signed. I received a check for only $4,000. Is the paper I signed legal or is it null and void, because I was not sent the amount that I signed for? Can I still sue for more or at least what I was offered and signed off on?
3 Answers from Attorneys
assuming you have an attorney, fees costs and medical bills come out of the total settlement
Assuming you are not represented by counsel who will take the cut you agreed to and also assuming that costs were not deducted, if the contract was breached by not sending the amount agreed to, you can sue for breach of contract. When you release claims, you only agree to claims that could have occurred at the time of the release.
I would have to review the underlying documents to be sure and understand. I think the previous attorneys answered assuming that you were or were not represented by an attorney, who may have taken out a fee.
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