Legal Question in Personal Injury in Florida
General Release
Before a claim was submitted and before all medical tests were performed, the at-fault party's insurance company offered to settle the PI portion of my claim and I accepted. However, I was on strong pain medication and muscle relaxants. Now, two weeks after the accident, I find a have a bulging disc in my neck, torn meniscus in my knee, and a tear in my shoulder. Can the release be overturned or declared null and void? Thank you.
5 Answers from Attorneys
Re: General Release
Nope. Extremely unlikely.
Re: General Release
some issues may be how much did you settle for, what did the insurance company know about the condition? How does the langauge read? Did they know you were on medication etc. I have broken a few releases in my time so its still good to consult with another attorney
Re: General Release
Possible, but difficult.
Re: General Release
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Absent a showing of fraud or coercion, it would be highly unlikely. This is why you will hear attorneys say to consult with them before entering into any agreement.
Scott R. Jay, Esq.
Re: General Release
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Absent a showing of fraud or coercion, it would be highly unlikely. This is why you will hear attorneys say to consult with them before entering into any agreement.
Scott R. Jay, Esq.
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