I agreed to a settlement in NY and have since changed my mind. It is less than a yr. Can I have the case restored?

Get Legal Help Today

 Secured with SHA-256 Encryption

I agreed to a settlement in NY and have since changed my mind. It is less than a yr. Can I have the case restored?

My agreement consisted of a written authorization and Isigned a petition in compromise and an accounting, but not a stipulation. It is not quite a year since the case was disposed.

Asked on May 6, 2009 under Personal Injury, New York

Answers:

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Are you an adult--over 18? Are you competent to enter into agreements? Have you already received the money? The case has probably been discontinued. And since it's been over 6 months, it's almost impossible to restore a case to the calendar that has been dismissed via a stipulation of voluntary discontinance.  So, if you are competent, and an adult, and were not coerced into signing anything, then this is probably a chapter you have to put behind you.  And move on. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Courts and justice demand finality. Changing one's mind interferes with finality, and attempts to do so are not looked upon with favor. No society can exist where everyone just changes his mind and reopens everything.

Here it certainly sounds as if you signed enough documents to make your consent to settlement very clear and obvious.

"I just changed my mind" is a loser. If, on the other hand, someone held a gun to your head and said "EITHER YOUR SIGNATURE OR YOUR BRAINS WILL BE ON THE PAPER" (The Godfather, Part I) that would be a different story.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption