What should I do in this situation of personal injury case? I am the plaintiff and I am Pro Se

[alinvictor]

Hi, I have been involved in an accident and after filling the lawsuit I received a settlement offer from insurance company(happy with the offer and not looking for more).
I signed the offer but I told that I have to sign the following STIPULATION DISCONTINUING ACTION
WITH PREJUDICE before receiving the check:
“IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person, not a party, has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued with prejudice, without costs to any party as against the other. This stipulation may be filed without further notice with the Clerk of the Court “

I understand the “with prejudice” section but I’m not sure about “without costs” section if I have not received the check yet. I appreciate any advise if I should have any concerns signing this before receiving the actual agreed settlement check.

 

[Just Blue]

U.S. Law Only.

 

[RJR]

Without cost to any party, means each side is burdened with their own expenses of litigation, filing fees, attorney fees for them and Pro Se fees for your time.

 

[alinvictor]

Thank you so much for your quick response.
The main question; is this document in any way have the possibility to jeopardize the already signed settlement and to receive the check for the agreed amount? In other words can they say "sorry but the case is now closed with prejudice so we won't honor the settlement"???
Respectfully,
Alin

 

[alinvictor]

U.S. Law Only.

This is a case in NYS

 

[quincy]

Thank you so much for your quick response.
The main question; is this document in any way have the possibility to jeopardize the already signed settlement and to receive the check for the agreed amount? In other words can they say "sorry but the case is now closed with prejudice so we won't honor the settlement"???
Respectfully,
Alin

You will want to have the stipulation reviewed personally by an attorney licensed to practice in your area.

Analyzing contracts is the practice of law and outside the scope of this forum. Sorry.

You are smart to sign nothing until you fully understand what it is you are signing.

 

[RJR]

Thank you so much for your quick response.
The main question; is this document in any way have the possibility to jeopardize the already signed settlement and to receive the check for the agreed amount? In other words can they say "sorry but the case is now closed with prejudice so we won't honor the settlement"???
Respectfully,
Alin

You may spend a 100.00 or so run it by an attorney if you want. But if the settlement calls for X dollars to be paid,

"Costs" are not settlement figures here.

 

[quincy]

You can find low or no cost legal aid clinics to assist you.

 

[alinvictor]

thank you all

 

[adjusterjack]

Thank you so much for your quick response.
The main question; is this document in any way have the possibility to jeopardize the already signed settlement and to receive the check for the agreed amount? In other words can they say "sorry but the case is now closed with prejudice so we won't honor the settlement"???
Respectfully,
Alin

Sure, they CAN say it, but doing so would open them up to a big lawsuit and sanctions from the insurance department so it's not something you need to be concerned with.

Many insurance companies will allow you to pick up the check and turn in the form at the same time. Try that if you are still concerned.

 

[alinvictor]

Sure, they CAN say it, but doing so would open them up to a big lawsuit and sanctions from the insurance department so it's not something you need to be concerned with.

Many insurance companies will allow you to pick up the check and turn in the form at the same time. Try that if you are still concerned.

thank you so much

 

[mrsjohnson]

Read carefully the confidentiality portion of the agreement as well. The last thing you want to do is sign away a portion of your settlement if you accidentally disclose to someone that you settled, your happy about the settlement and the Defendant finds out about it.

 

[Zigner]

Read carefully the confidentiality portion of the agreement as well. The last thing you want to do is a sign away a portion of your settlement if you accidentally disclose to someone that you settled, your happy about the settlement and they find out about it.

Here's an article on what could happen: <removed>

I reported your post to remove the commercial link. It will be restored after admin has edited it.

 

[thaliadaniels]

"Without cost to any parties" means that the Insurance Company paid you not the other party. It should be clarified for the protection of the Insurance company if someone from both parties said that they gave a payment or money. Then the Insurance company will be held liable for not doing their job.

 

[quincy]

"Without cost to any parties" means that the Insurance Company paid you not the other party. It should be clarified for the protection of the Insurance company if someone from both parties said that they gave a payment or money. Then the Insurance company will be held liable for not doing their job.

No. That is not what it means.