How to get a liability waiver vacated?

My little cousin had a car accident. Less that 24 hours after the insurance adjuster had her sign a waiver and left a check. A family friend that is an attorney says that we need to have it vacated because: 1) she had a concussion which was clearly stated; 2) her papers said that she was to be in the presence of another adult for at least the first 24 hours, and 3) she was on heavy meds. She is having memory issues and has missed a lot of work. Should we get a personal injury lawyer to vacate it or another kind of lawyer? In Raleigh, NC.

Asked on March 16, 2011 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A personal injury lawyer should be able to help your cousin, and another good choice would be an attorney who specializes in suing insurance companies when they do something improper--though this is straightforward enough that any decent attorney should be able to help.

The first 1) and third 3) points your family friend mentioned could provide grounds to void the agreement. Agreements are not valid if they are signed by someone who lacks mental capacity at the time he or she signed. Being concussed and suffering its effects could clearly impact capacity, as could being heavily medicated. If you cousin lacked capacity at the time of signing, she should be able to void the agreement. Good luck.


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