QUESTION

Can my attorney force me to settle my injury case with the insurance company?

Asked on Nov 10th, 2011 on Automobile Accidents - Texas
More details to this question:
The insurance company made a settlement offer I am not happy with, my attorney tells me I can either take the offer or fire her. If I fire her it is in the contract that she still is entitled to her fees. She says if I do not take offer that the case will just sit there, she will not file a lawsuit. And she refuses to withdraw. Can she sit on my case if I do not fire her?
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1 ANSWER

Personal Injury Attorney serving Newport Beach, CA at Bisnar Chase Personal Injury Attorneys, LLP
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Your attorney can not force you to settle your case. If you do not authorize your attorney to accept a settlement offer then the case may not move forward until your attorney is forced to file your case (due to time limits) or to drop you as a client.  She will not allow the statute of limitations to pass without filing your case...that would be....a really bad situation and I am sure she would not allow that to happen. You have other options than just taking the offer or firing her.  You can instruct her (do this in writing) to file your case.  Then she has the option of dropping you as a client or filing the case. If you change attorneys voluntarily (without her dropping you), your present attorney is entitled to be compensated for the work she has performed.  What will happen is that your new attorney and your old attorney will work out a deal as to who gets how much of the attorney fee on your case. It is much easier to find a new attorney to take on a case if their isn't a former attorney who the fee has to be shared with. I think your first best option is to get a second opinion about the true settlement value of your case and an estimate of what your case would be worth in front of a jury compared to the costs to go to trial and the risk of losing.  Get a consultation with a VERY reputable, experienced, trial successful personal injury law firm in the jurisdiction where your case would be filed. After getting a really good evaluation of your case, you will be in a much better position to make your best decision on how to go forward. Good luck to you. John Bisnar, BISNAR|CHASE, Personal Injury Attorneys www.California-Lawyer-Attorney.com, 800-956-0123
Answered on Nov 11th, 2011 at 12:40 PM

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