What is a Settlement Agreement in California Personal Injury?

What is a Settlement Agreement in California Personal Injury?
https://rtmlawfirm.com/what-is-a-settlement-agreement-personal-injury/

A settlement agreement is a legally binding contract between the involved parties — typically the plaintiff and defendant — that resolves the dispute out of court. In the context of personal injury law, this is often reached after a complaint is filed and necessary discovery (gathering of evidence) is completed but before the case proceeds to a trial.

This type of agreement is especially common in these cases due to their potential to provide a more efficient, cost-effective, and mutually agreeable resolution than going into litigation and a prolonged court trial.

Can a Settlement Agreement Be Voided?

Yes, settlement agreements can be voided or invalidated under certain circumstances. Because it is essentially a contract, it can be challenged and potentially deemed unenforceable if certain legal standards are not met. Here are some of the reasons why the terms of the settlement agreement might be voided:

Lack of Capacity
If one of the parties did not have the legal capacity to enter into an agreement at the time it was made (for example, due to age, mental incapacity, or being under the influence of drugs or alcohol), the deal will not be legally enforceable.

Duress or Coercion
If the agreement was signed under duress, where one party was forced or threatened into the agreement, it can be invalidated.

Fraud or Misrepresentation
If the agreement was based on fraudulent information or significant misrepresentations by one of the parties, it may be voided. This includes situations where a party was misled about the terms of the agreement or relevant facts surrounding the case.

Undue Influence
This occurs when one party exerts excessive pressure on another, often using a position of power or trust, to influence the decision to agree.

Mutual Mistake
If both parties were mistaken about a critical fact that affects the agreement’s foundations, the agreement might be voidable.

Illegality
If the agreement involves or requires the performance of illegal activities, it is not enforceable.

Breach of Contract
If one party does not adhere to the terms of the agreement, the other party may have grounds to void it.

Lack of Consideration
Consideration is a legal term that refers to something of value being exchanged between the parties. If there is no consideration, the agreement may not be enforceable.

Improper Execution
If the agreement wasn’t executed properly according to the required legal standards (for example, if it wasn’t signed by the necessary parties), it might be invalid.

You Need Experienced Settlement Agreement Lawyers After an Accident.

If you or a loved one has experienced a personal injury incident, seek the guidance of a qualified accident attorney.

Contact us today to get a free consultation.

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