Petition To Set Aside Compromise And Release In Montgomery
Description
Form popularity
FAQ
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges "mutual mistake," while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
An indemnity only stipulation is a full and final settlement of the indemnity portion of your case. It does NOT affect your ability to obtain reasonable or necessary medical treatment that may be related to a compensable claim.
The length of time it takes to settle a workers' comp claim varies based on several factors. Sometimes, your attorney might have to negotiate for some time to reach a fair settlement amount. However, once a settlement is agreed upon, the judge's approval may take just two to four weeks.
To compensate is to offset (or conceal) a psychological or physical difficulty by developing in another direction. To compromise is to allow your environment impose upon you and for you to come up with the best plan of action within those boundaries by making concessions.
An offer of compromise is a formal offer to settle proceedings ing to the rules of the relative Court. If you are involved in a dispute with another person or business, going to trial/hearing can be expensive, time-consuming, distracting and uncertain.
A compromise exists where parties agree to settle previously disputed or uncertain obligations. Like any other agreement, a compromise is based on the contractual rules of offer and acceptance, with each party conceding something, either by diminishing their alleged claim or by conceding or increasing their liability.
By signing the release, you agree to waive your right to pursue any further legal action in connection with the injury and accident specified in the settlement. Once you execute a release, you also cannot file any claims for injuries stemming from the incident that might not arise until later.