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I need legal advice... I signed a settlement document under false information

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  • I need legal advice... I signed a settlement document under false information

    I signed a settlement document under false information and extreme duress from my lawyer. He stated that if I lost my case that they could attach my SSI. I found out that was false that SSI was exempt. I also asked him if i could have a day to think about and he said No that he had to start spending money on my case as soon as he left the building if I did not settle. I also know someone who works for the law firm that was told my case was a million dollar liability case and that my attorney told them that this case was a beefy case so he think my attorney sold my case. I was forced because I could not have a day and thought my SSI could be taken so I felt I had no choice. Is there anything I can do now to get out of the settlement i signed?

  • #2
    re: I need legal advice... I signed a settlement document under false information

    Assuming you had a contingency case where the lawyer's fee is based on the amount of the award, it wouldn't make sense for him to collect less than he thought possible. I'm not sure what you mean by "sold my case"?

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    • #3
      re: I need legal advice... I signed a settlement document under false information

      I wish to inform you that your legal action will depend upon whether lawyer who misrepresented was your lawyer or SSI lawyer. If your lawyer had misrepresented you then you may file a lawsuit against lawyer for misrepresentation and negligence. A lawyer is a person who is having knowledge in his field and take steps for seeking best interest of his client. As your lawyer had misrepresented then agreement may be set aside. If lawyer of other party had misrepresented then you can set aside agreement on the basis of misrepresentation.

      AFF

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      • #4
        re: I need legal advice... I signed a settlement document under false information

        If you win a lawsuit, under most circumstances, they will take away your SSI as you will no longer meet the means test.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: I need legal advice...

          Thank you for all your answers. I understand about the can take my SSI If I win the lawsuit and its too much. But, my attorney told me if I lost the defense could take my SSI which found out it's exempt. He also would not allow me a day to think over the offer. He said he had to spend money thousands the second he walked out the door. He also told me the jury in the county my lawsuit is, is all conservative Republicans and the 94 percent of the cases are lost because of this. He made it seem that they would see I was unemployed on SSI so assuming they would not care. I don't see how that would make a difference. I was T-boned and had spine problems that were made so much worse. i went from sometimes having to lay down an hour or two a day to having to be in bed almost 24/7 and needed attendant care,that my doctor says I need. I have had severe pain for over 2 years. Someone who works for the law firm told me that my attorney said my case was worth a lot. The have a huge insurance policy on the other side. But all they offered was 24k and I flt I had no choice but to sign because of the pressure and lies that my attorney told me. I don't know if the other attorney misrepresented himself but, they had someone on their side that was trying to claim my car was in another accident because it had blue transfer paint, which is a lie. I even went back to the people that did my estimate told them that and they laughed and said their is no blue transfer paint. I also have been doing the work my attorney was supposed to do like contact the collision place and calling the police officer accident. He told me over a month ago he was going to start depositions my doctors and he never did. I also discussed the blue transfer paint told him its not in the photos of the damage, how I talked to the collision place and he clearly forgot. Is there a way because of all this I can get out of that agreement I signed?

          Comment


          • #6
            Re: I need legal advice... I signed a settlement document under false information

            Originally posted by AFFA View Post
            I wish to inform you that your legal action will depend upon whether lawyer who misrepresented was your lawyer or SSI lawyer. If your lawyer had misrepresented you then you may file a lawsuit against lawyer for misrepresentation and negligence. A lawyer is a person who is having knowledge in his field and take steps for seeking best interest of his client. As your lawyer had misrepresented then agreement may be set aside. If lawyer of other party had misrepresented then you can set aside agreement on the basis of misrepresentation.

            AFF
            He was not my SSI lawyer he is my auto accident/personal injury lawyer. They other side has a witness that looked at my car and was trying to claim I was in another accident because there was blue transfer paint on my car. That is a complete lie. You can clearly see there is no transfer paint in the photos and I also still have the car to see that there is no transfer paint because my car is white and so was the van that hit me. This was brought up at the settlement conference. Their lawyer was at my house and viewed so they could see this was false. Is that misrepresentation?

            Comment


            • #7
              Re: I need legal advice... I signed a settlement document under false information

              Originally posted by goddessoflubboc View Post
              Assuming you had a contingency case where the lawyer's fee is based on the amount of the award, it wouldn't make sense for him to collect less than he thought possible. I'm not sure what you mean by "sold my case"?
              I understand what you mean. But I am close to someone who works for my attorney's office who told me my attorney told him my case was a million dollar liability case and he felt that that the other side paid my attorney a chunk of cash to get me to settle for 24k.

              My attorney also seems lazy he has done none of the work he said he was going to do and also told the person who does my attendant care that she was more prepared for this that he was not prepared.

              Comment


              • #8
                Re: I need legal advice... I signed a settlement document under false information

                Much of this was known to you before you signed. Including the policy limits.

                He is correct that if you're in a very conservative area you will be viewed as a malingerer and looking for a lottery hit on someone else's dime. It is an unfortunate fact of life.

                Comment


                • #9
                  Re: I need legal advice... I signed a settlement document under false information

                  Originally posted by Cherisette View Post
                  I signed a settlement document under false information and extreme duress from my lawyer. He stated that if I lost my case that they could attach my SSI. I found out that was false that SSI was exempt. I also asked him if i could have a day to think about and he said No that he had to start spending money on my case as soon as he left the building if I did not settle. I also know someone who works for the law firm that was told my case was a million dollar liability case and that my attorney told them that this case was a beefy case so he think my attorney sold my case. I was forced because I could not have a day and thought my SSI could be taken so I felt I had no choice. Is there anything I can do now to get out of the settlement i signed?
                  No, you don/t get to crawfish on the settlement agreement.

                  Any beef you have is with your lawyer, NOT the party that contracted with you in good faith! It was not a party to any this so called fraud and coercion you are belatedly whining about.

                  Also, if you run across this sharpshooter lawyer that told you that you left a pile of money on the table, ask him if he's ever heard of the adage that a poor settlement is often better than a good lawsuit.

                  Because if he hasn't, he had no business second guessing your attorney who has!

                  Comment


                  • #10
                    Re: I need legal advice... I signed a settlement document under false information

                    Originally posted by Cherisette View Post
                    I signed a settlement document under false information and extreme duress from my lawyer. He stated that if I lost my case that they could attach my SSI. I found out that was false that SSI was exempt. I also asked him if i could have a day to think about and he said No that he had to start spending money on my case as soon as he left the building if I did not settle. I also know someone who works for the law firm that was told my case was a million dollar liability case and that my attorney told them that this case was a beefy case so he think my attorney sold my case. I was forced because I could not have a day and thought my SSI could be taken so I felt I had no choice. Is there anything I can do now to get out of the settlement i signed?
                    Since you signed it without a gun to your head, on what you believe was poor advice of your lawyer, your only gripe is with your lawyer.

                    IF you have a lawyer who believes your first lawyer sold you out, then have that lawyer represent you -- on contingency -- against the first lawyer. Otherwise, you will have to settle for what you got from the insurance company.

                    As to legal advice; there is good advice, bad advice and indifferent. In order to claim malpractice it would have to be shown that no competent lawyer would have advised as your lawyer did. In order to prove he was paid off by the insurance company or defendant's lawyer, there would have to be a paper trail from their checking account to his bank.

                    Comment


                    • #11
                      Re: I need legal advice... I signed a settlement document under false information

                      You shouldnt have signed!

                      Comment

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