someone in my family was hit by a car walking the street...went to hospital and had some back neck and leg problems...went to theapy for a yr and switched lawyers 3 after he went to the first lawyer..2nd lawyer says theyll take over...went to therapy for a yr and is still going and today the case says it about to be settle for 50,000!!! 33% goes the lawyer....he has not worked all year and his vision was damaged too..and the lawyers claim that he took 2 months to go to a lawyer which is false..he went 2 weeks after.,,..im upset because he deserves a lot more...i want a new lawyer for him..what can i do??
2007-03-26 12:02:55 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
oh totally..the victim is mad aswell....
2007-03-26 12:17:09 · update #1
ok another question to add is if he doesnt want the settlment can he go somewhere else? continue the case elsewhere to another lawyer?
2007-03-26 12:25:59 · update #2
this writer makes no mention of the other party in the case, the defendant--maybe that person doesn't have insurance? lots of people don't. or more likely, they have 50,000 in coverage and they work at wal-mart for $7 an hour so they have $0 in the bank, when a suit like this is settled, the money doesn't just come out of thin air. Mostly it comes from insurance policies, and if you're suing someone with no insurance or a low level of coverage, you won't get such a big award. also, did this injured guy have health insurance to cover his treatment? did he get disability? what the injured guy's annual salary--if he doesn't make a lot of money, he didn't lose much by not working.
I'm not defending the plaintiff's lawyer in this case, but that's how litigation works. If you're going to get hit by a car, it's better to get hit by Donald Trump's limo, but unfortunately the odds of that happening are pretty remote...lots more people who are driving around don't have 2 cents to their name.
2007-03-26 13:35:18 · answer #1 · answered by njyogibear 7 · 0⤊ 0⤋
The good news is an attorney acting on the victim's behalf cannot accept a settlement unless the victim agrees to it. You need to get the victim involved and inform the attorney that a $50,000 settlement is unacceptable. Even if the case goes to court and damages are ordered, the victim has the right to appeal the decision to a higher court in hopes of receiving a larger award.
The bad news: While you can certainly fire your attorney, you can bet he's going to expect you to compensate him for his time and efforts. The burden of proof is on YOU to show that he didn't do his job, a task you are almost certain to fail even if your claims are true. Having worked for several lawyers, I can tell you the one thing they are very good at is paperwork. You can bank on the fact that he has records showing meetings and phonecalls made on the victims behalf. Given the agreement (ie. 33% instead of an hourly wage) you'd also have to prove a commitment of hours on his part. All he has to do is negotiate a settlement, which he did, to be entitled to his money. Whether this process took months or a few minutes is irrelevent.
Unfortunately, there is no simple answer to your problem. If you feel your attorney is not doing his job properly, I would certainly get rid of him. Just be ready when he demands payment.
2007-03-26 12:37:26 · answer #2 · answered by yn_tennison 4 · 1⤊ 1⤋
Are you kidding mine does that each and anybody the time lol. He says it below his breath, it rather is in all possibility him being at school the place it happens the main. yet in basic terms the different day he replaced into making a music a music and heavily out of no the place and this actual notice he of direction stated the loudest "what the HELL are we doing" I have no clue what music it replaced into some thing daddy replaced into listening to lol. THEN he as quickly as replaced into working around keeping his midsection finger up and that i stated do not placed that finger up and my dad says oh he does not additionally know what which potential and my dad asked him do you know what which potential and my son relpys with "stupid a**hollow" have been like OMG the place did you learn that and he comes back with nicely grandpa do you submit to in techniques the different day while we've been using and somebody just about hit you and you stated (finger up) stupid a**hollow...haha. My dad's face grew to become so purple and stated i'm so sorry haha.
2016-10-20 00:07:23 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Ahhh, personal injury lawyers; dontcha just love 'em.
By the way, nobody can except a settlement if you don't want it. You and your family have to consent to accept it.
On the other hand, if you fight it, it will be more money.
Can you say of PIJ lawyers: "Scum sucking bottom feeders"?
2007-03-26 12:16:40 · answer #4 · answered by Anonymous · 1⤊ 2⤋
This decision is up to the victim, not you.
2007-03-26 12:13:12 · answer #5 · answered by Smitty 5 · 0⤊ 0⤋