Legal Question in Personal Injury in Ohio

If i have a settlement to recieve some where around $49000 in 2022 but i can take the settlement now in get some where around $15000. Can I try to fight it to recieve more money now?


Asked on 10/24/11, 12:03 am

1 Answer from Attorneys

Simon Johnson Law Offices of Simon W. Johnson

Part of this depends on whether you already have a signed settlement agreement which is arguably an enforceable contract. If you don't have a signed settlement agreement, and negotiations are still ongoing, then you absolutely can negotiate for more money now. Based on the numbers you gave (and without doing any math) it appears that to turn $15,000 into $49,000 in ten years would require very favorable investment returns which are arguably not likely in the current economic climate.

If you have a signed settlement agreement, you would need to file a motion to rescind the agreement. There are grounds to do this but it is generally an uphill battle. Some grounds include undue influence, unfair bargaining position, unconscionable terms in the contract.

Best regards,

Simon W. Johnson

http://www.swjlawoffice.com

[email protected]

(440) 477-6075

This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.

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Answered on 10/24/11, 6:10 am


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