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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118789
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In an personal injury case where hundreds of plaintiffs are

Customer Question

In an personal injury case where hundreds of plaintiffs are injured by an implanted medical device. You receive a settlement offer in this offer does an attorney have to discuss the option of getting the settlement reviewed by someone (attorney) to go over it with you so you fully understand and are informed if it's a good idea or not. Or do you just direct question to your attorney for questions and take his word that it's a good settlement?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no requirement that the class attorney do anything other than send the settlement to the plaintiffs and if the plaintiffs have questions it is up to the plaintiff to contact the attorneys on the case or to go to their own attorney. The attorney does not have to tell you that you have such an option.
If you signed an appeal to the Special Master, the sending of the release to you is not malpractice as long as you are not made to sign it by the attorney until the SM approves or rejects the appeal. Just sending you the release is meaningless because the release is not effective unless you signed it.
Customer: replied 1 year ago.
them sending it to defendant is ok? When the contract says it will stay with special master until a decision has been made. That's not right they done it to get the money before I even decided to go forth.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you did not sign your agreement of settlement, there is nothing to send to the defendant for you, since they require every plaintiff to sign off on the settlement for there to be an agreement.
Customer: replied 1 year ago.
What about my medical record should they have looked at all of my medical record? They did not even obtain my medical record of implantable device that resulted in post op complications. So what kind of protection does a aggrgate settlement plaintiff get? I've really been messed over and they are just good with the wrong they done. You don't send a signed release to defendant when plaintiff hasn't agreed to go forth with process and asked for it back. I did after that go thru with speaking to sm it wasn't sent when the contract said it would be help until she decided. Had they kept their word then when I discovered 2 days later the problems it could cause I told them I was not fully informed. To exclude me and not send it in.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If this is a medical claim, yes they could choose to look at all of your medical record, this is up to the defendant.
If you are not happy with the settlement, you are free to opt out and get your own attorney to pursue your own case. So opt out of the settlement and sue on your own if you are not happy.