How to get out of a signed settlement agreement?

[spaal7]

If I signed a settlement agreement but upon reflection I think the agreement is not a good one, is there anything I can do? Any way to get out of it?

I know I should not have signed...but I did.
I felt a bit rushed and pressured by my lawyer.

[adjusterjack]

Re: How to get out of a signed settlement agreement?

Sorry, a settlement agreement is enforceable if it has already been accepted by the insurance company.

You may have a chance to rescind it if it hasn't got past your lawyer yet, though given that you felt rushed and pressured to sign it I suspect that he'll pressure you to honor it or tell you it's a done deal.

[Disagreeable]

Re: How to get out of a signed settlement agreement?

It is unlikely the lawyer will sit on it, even if you wish him to. He is at the payday stage. Your only recourse is to decline to sign the settlement check.

[Unregistered]

Re: How to get out of a signed settlement agreement?

It is unlikely the lawyer will sit on it, even if you wish him to. He is at the payday stage. Your only recourse is to decline to sign the settlement check.

Although not signing would put you in breach of the settlement agreement almost surely.

[goddessoflubboc]

Re: How to get out of a signed settlement agreement?

Not signing the check is irrelevant. Once you've signed the settlement agreement you're stuck with it. Not cashing the check just leaves you with zero.

[spaal7]

Re: How to get out of a signed settlement agreement?

Thanks!!
We are still working on it.
The other side is saying exactly what you said they would say.

[Unregistered]

Re: How to get out of a signed settlement agreement?

If there was anything misleading or fraudulent when you signed, that is reason to void a settlement,

But it is pretty high Bar.

[aln45]

Re: How to get out of a signed settlement agreement?

I thought when my lawyer settled my case that he was kinda quick also.
I can relate to what you went through.
Basically he kind of forced me to sign.
There should be some cooling off period or something.

[adjusterjack]

Re: How to get out of a signed settlement agreement?

I thought when my lawyer settled my case that he was kinda quick also.
I can relate to what you went through.
Basically he kind of forced me to sign.

No, he didn't put a gun to your head. You could have said no.

There should be some cooling off period or something.

No, there shouldn't be a cooling off period. You could have taken plenty of time to think about the offer after it was relayed to you.

Don't be blaming somebody else for your own behavior.

[Lexus]

Re: How to get out of a signed settlement agreement?

You can invalidate the settlement agreement upon the ground that you signed the settlement agreement as a result of duress, i.e. upon the stress and pressure imposed by the lawyer. To get the agreement rescinded you need to prove with convincing evidence that duress exists at the time of signing the agreement.

[lawfmjshaln]

Re: How to get out of a signed settlement agreement?

That's true. But it will very difficult to get an strong evidence.

[Wenton2]

Re: How to get out of a signed settlement agreement?

You can always have witnesses appear and testify under oath, you may even do so yourself.