QUESTION
Can I change my mind on an offer for compensation on my 7 year injury?
Asked on Jan 19th, 2012 on Personal Injury - New York
More details to this question:
Being financially strapped right now (and feeling desperate), and having my attorney pressure me to accept an absurdly low settlement offer, yesterday on the phone I told him I would accept it. It's been 7 years since I was injured, and my attorney has been, (let's say) less than upfront, and aggressive about getting my case settled. So, I told him I would take the offer, and he said he would call the opposing attorney. But, after thinking about this overnight, I feel like I'm really selling myself short. After 7 LONG years, and trial being set for this coming June, I think I should have told him NO. I'm just fearful now, (given my experience with this atty), that he will end up dropping the ball if I hold out for trial, (and end up getting nothing at all). So, my question is, even though I told him yesterday that I would take the offer (on the phone - nothing written), can I tell him I've changed my mind, and want to continue towards trial? Do I have to take the offer ?
13 ANSWERS
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Why not call the claims examiner directly? And disavow acceptance of the offer? And take your situation to another attorney for evaluation?
Answered on Jul 02nd, 2013 at 2:29 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. You authorized him to accept. There is no way I can offer an opinion on the merits of the settlement. Have you worked in 7 years? Are you working now or do you plan on working? Are you receiving SSDI?
Answered on Jun 20th, 2013 at 12:34 AM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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Sure you can; however your concern shouldn't be how long the case has gone on but how strong is your case (i.e. what's the extent of the injury, what is the affected area, is there any permanent disability, etc ...). Whatever decision you make, remember that it's you who will have to live with it in the end (good or bad - you own it).
Answered on Feb 06th, 2012 at 8:17 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. You are not legally obligated to take the offer. But, if your lawyer puts it in writing then you may be obligated. You have to get ahold of him right away to tell him that you've changed your mind before he commits you.
Answered on Feb 03rd, 2012 at 11:37 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Yes. You need to let the attorney know asap that you have changed your mind. If the attorney has signed a settlement agreement with the opposing counsel you could have trouble on a potential breach of contract claim. However, you case isn't fully settled until you sign a release of liability and the Court signs an order dismissing the suit.
Answered on Feb 03rd, 2012 at 2:12 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have given him authority to settle the case, but at this early stage you ought to call him and ask him to back water. He may be able to do that without consequence. I don't know anything about your case. It is worth nothing because of the passage of time or your worrying about it. it is worth something ONLY because of the liability question (is it good and strong?) was there a lot of physical damage? Did you get a significant injury? Did you have high bills? If any of these answers is no then you may not have much of a case stripped of the emotion and frustration you have. It is obvious you dont trust your lawyer. Why don't you find new counsel and pick someone you can trust.
Answered on Feb 03rd, 2012 at 1:13 PM
You should contact your attorney immediately and let him/her know that you have given a lot of thought to the settlement and that you have changed your mind. You should state the specific reasons why you don't want to now accept the offer.
Answered on Feb 03rd, 2012 at 12:27 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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Under Alabama law, you would be a liberty to withdraw the authority that you gave your attorney to settle the case IF YOU DO SO IN TIME. Based on the facts that you presented, there is a binding settlement if your attorney has already accepted the settlement on your behalf (since you, in fact, authorized your attorney to do so). If you no longer authorize your attorney to settle the case, then you need to advise your attorney immediately and confirm in writing (i.e., email) right away. Maybe you can withdraw your settlement authority before your attorney accepts the offer. Unless and until you withdraw the authority, your attorney has the authority and obligation to settle the case in accordance with your prior instructions. You have to withdraw the authority before the offer is accepted. Time is of the essence.
Answered on Feb 03rd, 2012 at 12:25 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If he has not communicated your acceptance yet to the opposing party, yes, you can change your mind...but expect an argument from him. If he has communicate your acceptance, then you probably are stuck.
Answered on Feb 03rd, 2012 at 12:24 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
No, you can contact him and let him know you have changed your mind.
Answered on Feb 03rd, 2012 at 12:20 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No, until a settlement agreement is signed, you can change your mind. However, if the attorney has told the other side he will take the offer, it does put him in a bad position. Also, if your attorney strongly recommends the offer, you may want to consider his advice. Often cases are worth much less than the accident victim thinks the case is worth. From my experience, and based on research from jury verdicts, litigants often get less in trial than they turned down.
Answered on Feb 03rd, 2012 at 12:19 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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Yes, you can change your mind. Until you sign a written Release of all claims for a stated amount, your case is not settled.
Answered on Feb 03rd, 2012 at 11:54 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Since you didn't sign anything, you can change your mind. Your lawyer is certainly going to have a problem with that, as he has probably told opposing counsel that they have a deal, and you will be hurting his credibility by going back on your word. It could be that the offer is absurdly low, but it could also be that your concept of a fair settlement is unrealistic. It may be worthwhile to pay another lawyer a few hundred dollars to review the file and give an evaluation of the case.
Answered on Feb 03rd, 2012 at 11:53 AM