Legal Question in Personal Injury in Florida

Verbal Agreements

My father was brain injured when a garbage truck hit him while he was in his car stopped at a light. After 6 years, there was a minimal monetary compensation that at first my dad agreed to. He has now changed his mind. He has signed nothing. He wants to go to court instead of settling. His attorney and the people who represent the garbage truck driver are taking him to court now to make him keep his verbal agreement. Can you give me some feedback on verbal agreements re:injury cases? My dad wants his day in court. He's had his brain drilled into since he got a subdural hematoma from the accident, he's suffered from blood clots and Pulmonary Embolism. He feels he has been wronged and decided to fight it. We want the judge to agree that there was nothing signed and let my dad fight it out in court. What can he claim? What other cases were there where the judge through it out and said ''verbal doesn't count''? Looking forward to some help. Thank you for your time.


Asked on 6/27/07, 12:55 pm

2 Answers from Attorneys

Alan Wagner Wagner McLaughlin, P.A.

Re: Verbal Agreements

If your father authorized the settlement, even verbally, the lawyer has the ability to settle thew case and depending on the facts, it may be very very difficult to "undue" a settlement -- particularly if he just changed his mind. If there is any hope of setting aside the settlement your dad will need to retain counsel immediately and fight the issue at the hearing.

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Answered on 6/28/07, 12:00 pm
Leonard Haberman Aronberg & Aronberg

Re: Verbal Agreements

Hello:

Sorry to hear about that terrible tragedy.

I'd be happy to discuss your issue with you and/or him, if you like. As for the legal answer to your question, I'd really need to know more facts than you have provided.

When you get a moment, give me a call at the number below and ask for me.

I'd be happy to help.

Take care,

Len Haberman

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Answered on 6/27/07, 3:02 pm


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