Legal Question in Personal Injury in South Carolina

PI Settlement - Is it binding without my signature?

I had a Slip and Fall injury almost 3 years ago. When an attorney friend heard about it, he offered to deal with the property owner's insurance company for me. I never signed a Contingency Fee Agreement with him. Nine months ago he said the insurance company offered a settlement. I told him I was still having knee problems, but he insisted on me settling. He says I agreed, but I don't remember that. I did call him a day or two later and told him I was hesitant to settle since I was still having problems. He was very mad at me for not wanting to settle. I ended up having a second knee operation due to the accident and had to secure an attorney in the county where the incident occured so suit could be filed. I have just been told by attorney #2 that attorney #1 did in fact settle my case in December. Attorney #1's paralegal is saying she remembers me accepting the settlement then refusing it, so they returned the settlement check to the insurance company. I have a copy of the letter attorney #1 faxed to the ins. co. accepting ''full and final settlement''. I never signed a release or a settlement. Is there anything further that can be done or does Attorney #2 just need to accept the settlement check?


Asked on 9/18/05, 7:11 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: PI Settlement - Is it binding without my signature?

If you never signed a release and never cashed the check then the case is not settled and your second lawyer should be free to proceed. Isn't that the advise that your second lawyer has given you?

Read more
Answered on 9/19/05, 10:39 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in South Carolina