Can I still reopen a personal injury case?
I settled my case last year around September with no future medical. I am still messed up from my injuries and mental condition if anything I keep getting worst. The reason I signed was because I was almost 3/4 years in to my case. They didn’t want to give me more than what they were offering they were giving me extra checks that I had to pay back with my settlement. And my lawyer was saying she couldn’t do anymore for me, to me it sounded like a bad situation. My money situation was bad at the time I had my kid in the hospital and I am bipolar. I was not in the right state of mind when I signed everything was like rushed I was supposed to see my psychologist before I signed but with my state of mind and my lawyer didn’t push me to see him first I signed. I don’t think she understood that someone with bipolar disorder will make unstable decisions in a bad situation is like I was someone else at the time. My physical and mental condition keeps getting worst I need help. Can I reopen my case I feel like I got taken advantage of my bipolar disorder? When I still needed mental help and physical treatment and way more money to continue in my future. I felt like if I kept fighting my case I was going to owe them back more in extra checks than my settlement and I was already in debt with people. Please help me out or point me in the right direction if you can. Thank you for your time.
Answered By: Law Offices of Steven A. Fink
Very hard to reopen once case is released. You would need your doctor to state that you were incompetent at the time you signed the release, and then file an action in court to rescind. You would have to return the money you received as a condition of the rescission.
Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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