QUESTION

How do you know if your attorney is being truthful about personal injury case if the office is already under unethical issues?

Asked on Sep 29th, 2012 on Personal Injury - Massachusetts
More details to this question:
My attorney contacted me saying that the negligent person's insurance company offered did not tell me the amount. The only thing was quoted to me was you are looking at about $2,000.00 in pocket after bills are paid. What does this mean? I was out of work for 144 hrs, medical bills were $12,400.00, car damages was $7,500.00(rear-ended), rental car $1,200.00. What is a fair settlement?
Report Abuse

15 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
Update Your Profile
You ask more than one question so I will address them separately. Question 1: How do you know if your attorney is being truthful about personal injury case if the office is already under unethical issues? If you have doubts about whether an attorney is being truthful you can ask to see the actual documents to ensure you are being told the truth. There are other ways, depending on the issue, to determine whether the answer is being truthful. The fact that the attorney's office is "already under unethical issues" would only be relevant to whether the attorney is being truthful is if the ethic issues involved dishonesty or the attorney's ability to practice law. For example, if the ethic issues were about failing to pay bar association dues or not attending Continuing Legal Education then the attorney's truthfulness would not be an issue. The ethics issue also depends whether it is your attorney that is the focus of the ethics investigation or another attorney at the office. Question 2: What does the statement that you are "looking at $2,000.00 in pocket after bills are paid" mean? Without knowing exactly what was said I can only assume that your attorney told you that if you accepted the settlement offer after everything that needed to be paid, such as medical bills and whatever your attorney is entitled to, you would receive around $2,000.00 free and clear. Question 3: What is a fair settlement? Although you do provide your medical bill total and the number of hours you missed from work, I would need a lot more information to answer this question. There is no magic formula to determine what a case is worth as each case is different and its value is based on its particular facts. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained in an accident. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; your lost wages; and pain and suffering. If an injury is permanent, a person is entitled to additional money for these items. You do not specify how much actual money you lost from being unable to work. You also do not indicate what your injuries are, what type of treatment you received and how long it took for you to get better. Without this information I cannot provide an answer to what would be a fair settlement.
Answered on Oct 08th, 2012 at 11:44 AM

Report Abuse
Dennis P. Mikko
Your attorney has an ethical obligation to advise you of the total amount of the settlement offer and how that amount will be divided. If he/she does anything less, you should not settle until you know all the facts. If the attorney will not give you the facts, seek out another attorney.
Answered on Oct 04th, 2012 at 11:26 AM

Report Abuse
Lisa Hurtado McDonnell
Tell the lawyer you will not settle for that amount and that you want medical expenses, rental car expense, and loss of wages or you will go with another attorney.
Answered on Oct 04th, 2012 at 11:26 AM

Report Abuse
Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
It depends upon the facts, the venue and the amount of pain and suffering.
Answered on Oct 04th, 2012 at 12:10 AM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
You should consult with another lawyer for a second legal opinion and evaluation of your case, but first INFORM your present lawyer that you intend to do so.
Answered on Oct 03rd, 2012 at 12:57 AM

Report Abuse
Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
Update Your Profile
Trusting your attorney is a vital aspect of the relationship. If you do not trust that your attorney is giving you the best legal representation or truthful information, then it may be best for you to terminate the relationship and have another attorney review your file.
Answered on Oct 03rd, 2012 at 12:42 AM

Report Abuse
Personal Injury Attorney serving Rosemead, CA at Mark West
Update Your Profile
You have an absolute right to know the details of a settlement offer, including the "gross" amount of the settlement offer, how much is being deducted to pay for what before the amount paid to you. As for what a fair settlement amount is, an attorney would have to look at all the facts of the case.
Answered on Oct 03rd, 2012 at 12:05 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Settlements are based not on figures but facts. What are the facts of your case? are we sure it was clear liability? Do we know the amount of insurance coverage? Any preexisting conditions?what do the doctors say? And you don't trust your lawyer. Fire him and find one you can trust. Then do what he says. Stop second guessing and criticizing a man you obviously don't trust to look out for you.
Answered on Oct 02nd, 2012 at 12:12 AM

Report Abuse
Thomas Edward Gates
Collectively, the items you mentioned should be covered in a settlement. Also you should receive compensation for pain and suffering and future medical treatment complication that you may be confronted with.
Answered on Oct 01st, 2012 at 12:21 PM

Report Abuse
Ronald A. Steinberg
The value of a case has 2 parts: 1) The type of injuries and the treatment required. 2) The strength of the proofs showing that the other party was responsible. For example, if I am sawing a piece of wood with a hand saw, and I saw off my finger because I am stupid, drunk, or incompetent as a carpenter, even though the injury is a big deal, there is no c. If case. I bump my head and have a small bruise, it may only be worth a few bucks, whereas if I am taken from the accident scene on a backboard, on life support, and I spend 6 months in the hospital learning how to walk and talk, that injury could be worth a lot of money. If you are not comfortable with your lawyer, then get another one. You ain't married to the first lawyer.
Answered on Oct 01st, 2012 at 12:19 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evident factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. You bring up some good questions, which lead to many more. The medical bills should have been paid by your no-fault. Property damages are usually paid seperately by one insurance company or the other. When your lawyer said "after bills are paid". You need to know what bills and how much. Also, you did not mention what your injuries are, which is actually the central issue. Finally, your initial question suggests there is some question regarding the ethical practices of that office. That could be a huge problem, or it could mean nothing.
Answered on Oct 01st, 2012 at 12:16 PM

Report Abuse
Ask to see the demand letter. Nobody can evaluate your case without knowing more information. Bottom line, if you are not happy with settlement don't sign on the dotted line and get an attorney you trust. You need to go and speak with them about your case and look at your file.
Answered on Oct 01st, 2012 at 12:16 PM

Report Abuse
Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
Update Your Profile
We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Oct 01st, 2012 at 12:11 PM

Report Abuse
Bankruptcy Attorney serving Bellevue, WA at Wild Sky Law Group, PLLC
Update Your Profile
You need to ask your attorney to explain the whole settlement to you and where the money is going before the remaining $2,000 ends up in your pocket. Without knowing any more facts (about your prior history, specific injuries, nature of medical care, etc.) that could alter my opinion, your settlement does seem a little light. It is important to have a good working relationship and trust with your attorney. You can always ask another lawyer to review your case and give you a second opinion. It may be that you need to file a lawsuit in your case, but your current lawyer is tentative to file lawsuits. You need to find these things out in order to make a good decision regarding your case. Your lawyer cannot settle your claim without your consent.
Answered on Oct 01st, 2012 at 12:10 PM

Report Abuse
Personal Injury Attorney serving Boston, MA
2 Awards
In order to answer this question, an attorney must ask many questions. It really is impossible to answer properly with the information given. At a minimum, you should have full confidence in your attorney and feel that he or she is working hard for you. If you don't have trust or confidence, that is a problem. Try to discuss your concerns with your attorney. If you do not get the response you want, I suggest you look for another attorney.
Answered on Oct 01st, 2012 at 12:08 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters