Short Answer

In North Carolina, a signed settlement and release is a binding contract, and you generally cannot reopen it to seek more pain and suffering. You may set it aside only on narrow grounds such as fraud, mutual mistake, duress, or lack of capacity. Not reading the full document or failing to initial each page is not enough. If a court case was dismissed after the settlement, you must ask the court to undo that dismissal within strict timelines.

Understanding the Problem

Can I undo a signed settlement and release after a North Carolina slip-and-fall to get more compensation for pain and suffering? You signed an 11-page settlement and release at mediation after looking only at the signature page. The question is whether North Carolina law lets you rescind or set aside that agreement so you can renegotiate for more damages.

Apply the Law

Under North Carolina law, a settlement and release is enforceable if it is in writing and signed. Courts treat it like any other contract. To unwind it, you must prove a recognized contract defense (for example, fraud or mutual mistake). If your lawsuit was already dismissed because of the settlement, you must ask the court for relief from that dismissal, and some grounds have a one-year deadline.

Key Requirements

• Valid written, signed agreement: A mediated settlement/release signed by the parties is enforceable like a contract.
• Grounds to set aside: You need evidence of fraud, misrepresentation, mutual mistake, duress/undue influence, or lack of capacity; simple regret or not reading the document is not enough.
• Procedure depends on posture: If a court dismissed your case after settlement, seek relief from that order; if no case was filed, bring a civil action to rescind/declare the release unenforceable.
• Timing matters: Court relief from a dismissal for mistake, newly discovered evidence, or fraud typically must be sought within one year of the order; other grounds require filing within a reasonable time.
• Money already paid: Rescinding a release may require returning (or offering to return) the settlement funds.
• Burden of proof: The party seeking to undo the agreement must prove the ground to set it aside.

What the Statutes Say

• North Carolina Gen. Stat. § 7A-38.1 (Mediated settlement conferences) - A settlement reached at mediation is enforceable if reduced to writing and signed by the parties.
• North Carolina Rules of Civil Procedure, Rule 60 (Relief from judgments or orders) - Allows a court to set aside a dismissal/order for reasons like mistake or fraud; some grounds have a one-year limit.

Analysis

Apply the Rule to the Facts: You signed an 11-page release at mediation; that checks the “written and signed” box, making it enforceable. Not initialing every page or reading only the signature page does not undo your assent. To reopen, you’d need evidence of fraud, mutual mistake, duress, or lack of capacity at the time of signing. If your lawsuit was dismissed based on the settlement, you must move under Rule 60 and meet its deadlines, often within one year for fraud or mistake.

Process & Timing

1. Who files: Injured person (through counsel). Where: North Carolina Superior Court in the county where your case was (or would be) filed. What: If a case was dismissed, file a motion for relief from judgment under Rule 60; if no case was filed, file a civil complaint seeking rescission/declaratory judgment and attach the signed release. When: For fraud, misrepresentation, mistake, or newly discovered evidence, file within one year of the dismissal order; other grounds must be raised within a reasonable time.
2. The court will set a hearing or briefing schedule. Expect the defense to oppose and, if no case is pending, to move to dismiss or to enforce the release. Timelines vary by county and court calendars.
3. Final step: The court either denies relief (the release stands) or grants relief (the dismissal is set aside or the release is rescinded), after which the injury claim may proceed.

Exceptions & Pitfalls

• Not reading the full agreement or failing to initial each page does not invalidate a signed release.
• If you accepted and spent the settlement funds, you may need to offer to return them to pursue rescission.
• Mediation discussions are confidential; focus on the signed agreement text and any provable misconduct surrounding its execution.
• Broad releases often waive “known and unknown” injury claims; you must prove a valid ground to avoid that language.
• Capacity matters: if you were impaired (for example, medication affecting understanding) at signing, gather medical proof promptly.

Talk to a Personal Injury Attorney

If you're dealing with a signed injury settlement and want to know whether it can be undone, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.