Most east Texas car accidents settle prior to an actual jury trial. When this happens, it is vitally important that all concerned parties fully understand the nature and extent of the agreement.
Unfortunately, there can sometimes be misunderstandings between the parties concerning the settlement agreement. This can potentially result in additional litigation, including a request for a court to interpret the agreement if a dispute arises.
Facts of the Case
In a recent car accident case considered on appeal, the plaintiff was a mother who sought to assert a claim for herself and her minor child following an automobile accident allegedly caused by the negligence of the defendant motorist. The defendant asserted an affirmative defense wherein he relied on a release and indemnity agreement that had allegedly been signed by the plaintiff and her husband a year earlier. Under the terms of the release, the defendant paid $6500 to the plaintiff’s husband, who was also involved in the accident along with the plaintiff and their minor child. As the litigation progressed, the defendant served requests for admissions on the plaintiff, but she did not answer them.