Ok i was hit by a guy who failed to yield and when he hit me my minivan flipped over and know my back is all screwed up and ive had some minor procedures because of the accident. My lawyer and i have been in agreement to take the case to trial and then i recieved a letter stating that the insurance company has made a final offer and in the letter from my lawyer it said that they reccommend i take the offer and settle the case? Why would my lawyer all of a sudden change his mind and say to take this offer and settle? The last time i spoke to him we were in agreement, i dont get it? What do think is going on?
2007-08-19 14:00:30 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your attorney looked at the size of the offer and then compared it to the likelihood you would win. It's up to you; you can take this to trial. But you should generally trust your attorney.
2007-08-19 15:32:13 · answer #1 · answered by mcmufin 6 · 0⤊ 0⤋
Contrary to popular opinion no case is an absolute certainty for winning. Something can still go wrong and you lose the case, ending up with nothing (plus costs to pay if your lawyer isn't working on a contingency basis). Secondly, even if you win the damages may not be as significant as you would like. And lets not forget that the lawyer will then deduct his/her fees. Find out how reasonable the settlement is and discuss with your lawyer likely awards if you went to court and won (plus the chances of winning). A reasonable settlement offer is always better then a chance of getting a few dollars more
2007-08-19 14:17:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your lawyer sends you a letter and you do not understand it fully
G O to the lawyer office AND A S K for clarification.
In any auto accident, everyone is supposed to have appropriate auto insurance, and the insurance is supposed to take care of the damages and injurieis. The insurance company that pays depends on who is found to be at fault, what insurance carried by whom, and if you are in a fault or no fault state.
For you to contact lawyer in first place was probably a foolish thing for you to do, since it takes money out of your pocket ... you should contact lawyer only if can't get satisfaction from insurance company ... and here you getting statisfaction from insurance.
If you push this to court, the court may rule against you for trying to get more money than the insurance was willing to pay. The lawyer knows the odds of this.
2007-08-19 18:50:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Read what you wrote..."it said that "THEY" reccommend i take the offer and settle the case." To me "THEY" are the insurance company for which you are suing. Your lawyer is doing his job and keeping the lines of communication open with you. He has to present each offer that "THEY" send him. I honestly doubt that he changed his mind.
BTW it is always in the best interest of the insurance company for you to settle out of court. In cases where there is unquestionalbe injury the insurance company will lose 90% of the time.
2007-08-19 14:23:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would speak to your lawyer to understand why he believes that this is the best option. If he gives you the run-around with no real answer, find another lawyer. The offer must cover the damage to your vehicle and the medical damage, even if you will need medical attention for life. It is important that your medical is paid for if it is related to this accident. If you settle for less, you will regret it.
2007-08-19 14:10:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
maybe your doctor's reports make it risky to take it to court. If the offer of settlement is a good one, why not take it? Why tie up the court with a case that can be settled? Don't forget you are paying the attorney's costs too and they can add up considerably. What if you lose in court do you have to pay the other guy's attorneys?
2007-08-19 14:09:46 · answer #6 · answered by Diane B 6 · 0⤊ 0⤋
You have to realize ins co's don 't exactly roll over and play dead.
They may be making a "take it or leave it " offer.. Take the money and run, or lots of luck in court.
Perhaps the money is what your lawyer felt was what you;d get in court.=maybe!
2007-08-19 15:12:37 · answer #7 · answered by TedEx 7 · 0⤊ 0⤋
The only point of taking the case to trial is to get money. If they're willing to give you money without going to trial, then you don't need to go to trial.
2007-08-19 18:16:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You need to talk with your lawyer in person and figure out exactly what he is telling you. Then I would call another attorney and get a "second opinion".
2007-08-19 14:09:07 · answer #9 · answered by traceilicious 4 · 0⤊ 0⤋
He is in business for money. He will take his fee off the top if you settle. He isn't sure you will win and he wants to be paid.
2007-08-19 14:30:51 · answer #10 · answered by mamadixie 7 · 0⤊ 0⤋