verbal agreement to settle can i change my mind ,Ihave not sighned anything yet?

Asked 8/22/2009 under Wrongful Death - Accidental Death | 695 View(s) | More Legal Topics

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William T. Harrington / Harrington & Harrington Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Massachusetts

What is the agreement? What type of claim do you have?  Do you have an attorney.  While typically, a verbal agreement is enforceable as a written one (with some exceptions), given the lack of writing, I think you can take the position that there is simply an understanding to settle, but the parties do not intend it to be operative until there is a signed written agreement.  To be enforceble, a contract has to have legal consideration.  What you would be giving is the release of the claim.  You have not released any claim and the other side has not paid.  You probably want to notify the other side asap, however, you should speak to an attorney first.  Feel free to call me monday morning to discuss in more detail.  Bill Harrington, 617-426-7400

I am a lawyer in CT and practice in this area of the law.  Generally, oral or written agreements are enforceable in connection with settlements.  I suggest that you let the insurance company know that you have changed your mind and that you do not want to settle.  the fact that you have not received any money yet is a good thing.  I sugest notifying them asap.

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