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please help !!me--Doe one have to accept a settlement

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lawrence joseph

Junior Member
What is the name of your state (only U.S. law)? Pennsylvannia


In July 2008 I filed a wrongful termination suit
Back in May 2010-- a settlement hearing was held

from the outset my attorney advised me my settlement would be considered pain and suffering not income--this was important to me as I was collecting unemployment

During this time I encountered two uninsured hospital visits---with both operations, my unemployment, my divorce--my financial situation was grave.

At the settlement hearing my lawyer forbid me to attend but monitored to me what was taking place--In attendance were both attorneys and a judge

He told me they agreed upon a settlement figure and a release would be drawn up for me to sign--Once again he reiterated my settlement would be pain and suffering

approximately one month later I suffered a heart attack --I now collect public assisted medicail care.


my wrongful termination lawyer wants me to sign the release--I was on the phone with him in front of my bankruptcy lawyer---I explained that I did not want to lose my medical or have to repay my unemployment ( my settlement of $27,000 is less than the $50,0000 unemployment that I have collected. He said no worry this is pain and suffering!! I signed the release as instructed and wrote in what my wrongfull termination described settlement amount as pain and suffering

two weeks later he tellls me the defendant's insurance company will not go for that, sent me an I9 and said he was retracting what he had told me


My Question---Do I have to accept any settlement at all--All that is important to me is my medical--I need this in order to live!! Can I be forced to sign--even by a judg??e---My lawyer practiced law with the judge scheduled to preside

Please help me!!
 
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Isis1

Senior Member
You are not required by law to sign. So, no.

However, if you refuse to settle and want to go forward to trial, costs go up and you have a 50/50 shot of winning or a 50/50 of losing. Depends on how you want to look at it.

If you win, it may not be for the amount you want or even less than what they are willing to settle with.

If you lose, you get nothing. But a really large bill for attorney's fees.
 

justalayman

Senior Member
I would like to know how the OP is continuing to collect UI during the time of the surgeries and associated recovery time let alone continue to receive UI now he has been declared disabled.
 

davidmcbeth3

Senior Member
If you lean toward signing an agreement I would suggest seeking out a CPA's opinion of the tax aspects of the document .. attnys are not accountants and are wrong 50% of the time in respect to the taxablility of settlements (tax liabilities are determined on a case by case settlement contract).
 
What is the name of your state (only U.S. law)? Pennsylvannia


In July 2008 I filed a wrongful termination suit
Back in May 2010-- a settlement hearing was held

from the outset my attorney advised me my settlement would be considered pain and suffering not income--this was important to me as I was collecting unemployment

During this time I encountered two uninsured hospital visits---with both operations, my unemployment, my divorce--my financial situation was grave.

At the settlement hearing my lawyer forbid me to attend but monitored to me what was taking place--In attendance were both attorneys and a judge

He told me they agreed upon a settlement figure and a release would be drawn up for me to sign--Once again he reiterated my settlement would be pain and suffering

approximately one month later I suffered a heart attack --I now collect public assisted medicail care.


my wrongful termination lawyer wants me to sign the release--I was on the phone with him in front of my bankruptcy lawyer---I explained that I did not want to lose my medical or have to repay my unemployment ( my settlement of $27,000 is less than the $50,0000 unemployment that I have collected. He said no worry this is pain and suffering!! I signed the release as instructed and wrote in what my wrongfull termination described settlement amount as pain and suffering

two weeks later he tellls me the defendant's insurance company will not go for that, sent me an I9 and said he was retracting what he had told me


My Question---Do I have to accept any settlement at all--All that is important to me is my medical--I need this in order to live!! Can I be forced to sign--even by a judg??e---My lawyer practiced law with the judge scheduled to preside

Please help me!!
Yes, your attorney is your agent and if he/she agreed to a settlement, then you have to settle. You, however, could have a malpractice action against your attorney.
 

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