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    sjphipps's Avatar
    sjphipps Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 29, 2008, 06:14 PM
    Backing out of verbal agreement, after the facts are exposed.
    Hello,

    We are in a Medical Malpractice lawsuite for the past 6 yrs and are set to go to trial very soon, Everyone is trying to come to a pre trial settlement. What was presented to us was not what we verbally agreed to.

    Can we be held to this? We want to take it in front of a jury..

    We never signed anything to agree to this settlement and now were finding out that the other party (defendats) are adding and keep adding to the settlement release letter for us to to sign, there's a lot that we disagree to written in this release and refuse to sign if not removed and reworded.

    Nothing is still NOT finalized in any written documents...

    We were told that we were not going to be responsible for any Medical Bills and now Several Insurance companys are demanding that they are reimbursed.(well over a million dollars)

    We asked about this and were told that we would not be resposible for any bills, what so ever.

    Everything has changed from the initial agreement. Is this allowed? Is this common practice and would the Court rule against us for refusing to follow through with this agreement? Since the agreement was never finalized in writing.

    Nothing has be documented by the courts.

    Our lawyers are saying we are obligated and that if we want to continue the Lawsuite we will have to pay them more mony. We have given them over $150,000.00.

    I would really appreciate someone's perfessional advice,we don't know what to do..

    Thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 29, 2008, 06:27 PM
    If you didn't sign anything, then you are not obligated. On the other hand, your attornies probably agreed on your behalf and their rep is at stake. Have you asked your attorneys why they keep changing the settlement agreement? Why not just asked for the agreement as you agreed to it?

    The reason insurance companies are asking you for payment is because nosettlement as been reached so the defendant's insurance hasn't paid anything yet.

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