Is there a time limit once you make a settelment and sign all the paperwork to get your settelment money?

I have a workers comp suit we setteled over 2 months ago. My attorney said I would get the check in 1- 2 weeks. As of today I still have nothing and my attorney states there is nothing he can do about it. In addition my settelment I signed for was for $8000, then almost 3 weeks later my attorney said they made a mistake and changed the amount from the $8000 to $7400. Don’t I have to be notified in writting or sign something else.

Asked on March 13, 2012 under Personal Injury, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is some preliminary agreement setting the terms of a settlement to be reduced in a more formal writing as to a time period to get matters completed, there is no specific time limit to get the formal settlement agreement finalized and signed by all parties. The time period is simply a reasonable one assuming the parties are willing to sign the formal settlement agreement.

Your notification of the terms of the final settlement agreement is usually through your attorney via a telephone call, e mail, letter and the like and review of the formal proposed settlement agreement. Your option is to either accept the $7,400 now tabled or reject it. You are not under an obligation to accept some term that you do not like. That is why is is called a settlement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.