How to withdraw a medical release i signed

[klink35]

Your attorney should have made it clear to you that you were negotiating for the amount that would cover the at-home care provided by your mom.

The problem you face is that you signed the release. Depending on all facts but based solely on what you have said, the medical release you signed during mediation is likely to be found legally binding.

Discuss this with your lawyer.

I sent him a email explaining my misunderstanding regarding this mediation process that he helped take advantage of me and my mom.
I'm waiting for a response on Monday even though he's checking his emails on the weekends as well because I've had contact on weekends with him via emails

 

[quincy]

He didn't even try to help me understand fully what we was mediating about

If you had questions about the mediation, you could have asked your attorney to explain. You certainly should have asked for a full explanation of the medical release form and what signing it meant before signing it.

If you think your attorney has failed to represent you properly or explain things to you fully, you should FIRST discuss with your attorney what you see as a problem.

I am glad you have reached out to him.

 

[klink35]

Even though this release that I have here that he wants me to sign and return isn't being signed or returned?
Is there a way I can take a screen shot and show you on here what I did and didnt sign? Names redacted of course

 

[klink35]

Even though this release that I have here that he wants me to sign and return isn't being signed or returned?
Is there a way I can take a screen shot and show you on here what I did and didnt sign? Names redacted of course

And post on here?

 

[quincy]

Even though this release that I have here that he wants me to sign and return isn't being signed or returned?
Is there a way I can take a screen shot and show you on here what I did and didnt sign? Names redacted of course

Please don’t try to post any documents here.

Although these documents would be important for a lawyer in your area to personally review should you want another professional opinion, we cannot analyze or offer opinions on specific contracts on this forum.

You might want to check legal aid clinics/law school clinics to see if you can get a free or low-cost analysis.

You never have to agree to settle a case if you feel you would come out better by taking the matter to trial. It appears, however, that you agreed to settle. You could try to get your lawyer to reduce his fee so you can walk away with more money.

But I suggest you wait to see what your attorney says in his response to your email. Perhaps he can explain to your understanding why what was negotiated was negotiated and why he feels the settlement is a fair one.

Good luck.

 

[klink35]

Please don’t try to post any documents here.

Although these documents would be important for a lawyer in your area to personally review should you want another professional opinion, we cannot analyze or offer opinions on specific contracts on this forum.

You might want to check legal aid clinics/law school clinics to see if you can get a free or low-cost analysis.

You never have to agree to settle a case if you feel you would come out better by taking the matter to trial. It appears, however, that you agreed to settle. You could try to get your lawyer to reduce his fee so you can walk away with more money.

But I suggest you wait to see what your attorney says in his response to your email. Perhaps he can explain to your understanding why what was negotiated was negotiated and why he feels the settlement is a fair one.

Good luck.

Thank you for listening and giving better advice than my attorney did

 

[quincy]

Thank you for listening and giving better advice than my attorney did

You’re welcome, klink35. I appreciate the thanks.

If any questions or concerns arise after you have spoken to your attorney, we are open here 24 hours a day, 7 days a week and will do what we can to help.

Good luck.

 

[klink35]

Hi I emailed my attorney and his response was that he didn't say the insurance pays 12.00 an hour/day that he told me that they lean towards that most of the time.
I just reread the release that I signed at mediation and it says..."The parties shall further execute closing documents including a release toward a dismissal with prejudice of this action only."
Doesn't that mean the release can be withdrawn?

 

[quincy]

“With prejudice” means the claim cannot be refiled.

 

[klink35]

The release I signed says handwritten "For plaintiff 12,000.00 including all past, present, and future no fault pip claims also all costs, interest and attorney fees. Release to be prepared. No(Double underlined) future claims against farm bureau.

 

[klink35]

But can't it be withdrawn and take it to trial?

 

[klink35]

Or can't I keep the insurance company on to pay my future medical expenses if it's withdrawn?

 

[klink35]

I haven't signed the release they want back to finalize the agreement. Doesn't that mean it's not a complete agreement?

 

[quincy]

The release I signed says handwritten "For plaintiff 12,000.00 including all past, present, and future no fault pip claims also all costs, interest and attorney fees. Release to be prepared. No(Double underlined) future claims against farm bureau.

You apparently agreed in mediation to the $12,000 figure and now you are being asked to sign a form that says no future claims can be filed.

Call your attorney and have him explain EXACTLY what the release forms mean BEFORE you sign. If your attorney cannot explain to your satisfaction what exactly signing means to you and your case, you need to seek out an attorney in your area who CAN explain to your understanding what the releases mean to your case.