Nova Scotia Court refuses to set aside $1,500 settlement reached 2 months after injury, without legal advice

This case is a caution to people who choose to settle a personal injury claims quickly, without consulting a lawyer. In Richmond v. Mater, Ms. Richmond suffered injured in a car accident and  settled her case for $1,500 two months after the accident. She did not consult a lawyer. She soon realized that her injuries were more serious than she had thought they were. She then hired a lawyer and tried to get the court to set aside the Release so she could seek more compensation.

The trial judge declined to set-aside the Release, stating that she believed Ms.Richmond knew what she was doing. She had experience with personal injury settlements as she had made other claims in the past.

As a general rule, you should not settle a personal injury case until you know if you will be left with permanent problems or symptoms. This can take up to two years in some cases. While every case is unique, I cannot think any situation where it is in the injured person's best interests to settle a personal injury claim two months after being injured.