QUESTION
I received an initial offer and declined then received settlement agreement to sign with a new amount can they settle like this?
Asked on Jan 27th, 2013 on Personal Injury - Georgia
More details to this question:
Talked to lawyer after declining initial offer she asked how much I wanted? I said I don't know & said a ridiculous low amount sarcastically because I was frustrated she asked me anything like that because isn't that there job to know what to ask for? Isn’t that part of her job is to see how much money she needs to ask for the future of the betterment of my health & possible treatment, surgerys, etc I might need? I mean she's the one that's been looking at my medical records for the past 9months so why are you asking me what I need. To me it’s not about how much I would like it’s how much am I going to need for the future. I mean I was a pedestrian hit by a Saturn view in a crosswalk in a Wal-Mart parking lot and dude just left me there and went in the store to go buy groceries. It was because of the good citizens that called 911 and went in the store after him because I had no idea what was going on. It’s because of them I can get this taken care of. Anyways She then called & said she settled the case for the exact sarcastic ridiculous low amount I had said to her on the phone; Not a dollar more and sent the papers in mail for me to sign. I was shocked on what happened because if I asked for 4 $2billion would she of asked for that? No. My understanding was it’s her duty to communicate with me about new developments &other information pertaining my case such as the new settlement offers and I have to agree with that before she can accept. We went from initial offer to settlement agreement sign on dotted line and were done. I'm not signing papers because I'm not happy with this offer and how this has transpired. I don't know what to do or what my options are at this point since she went ahead and drew up the paperwork and is telling me to sign it. I know not to sign it but what am I suppose to say to her about this situation if anything. I feel stuck. She failed to obtain consent from me so I feel that a breach of a fiduciary has occurred. But maybe I'm wrong any advice would be a blessing.
10 ANSWERS
Christian Joseph Menard
There is no settlement until all the signatures are on the settlement agreement. You have every right to say no to the settlement amount at any time before signing the document. DO NOT SIGN IT! Simply, tell your attorney that you were being sarcastic with the number you threw out and that she apparently did not appreciate your sarcasm. Yes, you are right, the attorney should be the one who suggests what would be a reasonable settlement offer. Typically, this amount is a reduced amount from what a potential jury verdict amount would be. From that amount, deduct the strength of your case in establishing liability, further deduct the costs of bringing your case to trial which could be tens of thousands of dollars to get your experts to come to court and testify (I am assuming you have, or will need, experts. These are not the only factors but are important ones. Limits of insurance company's policy and the wealth, or lack thereof, of the defendant's wealth may come into play as well. Do not get hostile with your attorney, simply present it as a misunderstanding and now that such fact has been brought to light, it is time to get on with getting you a reasonable settlement offer, or be prepared to go to trial.
Answered on Feb 01st, 2013 at 8:07 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you don't like or trust your lawyer, fire her and hire another. You obviously don't like and don't trust her. You talk about looking out for you for life, that is not going to happen. You did not say what your injuries were, how serious, how much your medicals are, whether there is permanency etc so I cant say anything about the value of your claim. It probably is not anywhere near what you think it is but you need a qualified lawyer you trust to review it all and recommend a course of action. Stop fussing and feeling sorry for yourself and set about to solve your problem.
Answered on Feb 01st, 2013 at 6:34 PM
Criminal Law Attorney serving Lawrenceville, GA
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Smith-Grimes Law Firm
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Once you have agreed to an amount, your attorney has the authority to act on your behalf and convey the offer of settlement to the opposing party. Once this has been accepted,you are bound by it. If your attorney knew or should have know that you were kidding, you may have a malpractice case against the attorney.
Answered on Feb 01st, 2013 at 9:32 AM
Ronald A. Steinberg
Hey, guy, make an appointment to talk to your lawyer in person so you can each explain your position. Sometimes clients ask ridiculous amounts, so the lawyer may need to clarify with you.
Answered on Feb 01st, 2013 at 9:31 AM
Lisa Hurtado McDonnell
You don't have to accept any settlement offer. Just draw a line thru the offer and write rejected and date it. I usually look at medical bills and get an estimate of future medicals expenses from a doctor, look at loss of wages and future loss of wages, and then I ask three time that amount unless their insurance policy limit for less and then I request total policy limit.
Answered on Jan 31st, 2013 at 1:16 PM
Thank goodness you have not signed anything. Don't sign a settlement offer unless you are convinced it is a good idea. You have a few options. First, you could tell your lawyer that you were not serious and want a much better settlement after a full analysis of the defendant's liability for leaving the scene and your injuries, damages, bills, rehabilitation, disability, lost work, future damages, pain, suffering, etc. Or, you can hire a new lawyer to take over who will analyze all of those factors properly. It sounds like you have lost confidence in your current lawyer, so I recommend that you get a new one. The two lawyers can work out how to split the fees.
Answered on Jan 31st, 2013 at 1:15 PM
James Eugene Hasser
If you gave your lawyer permission to settle for a certain amount of money, there is a good chance you can be held to the settlement. Unless you can prove that there was a misunderstanding or miscommunication as between you and your lawyer, the other side could possibly force the issue with a lawsuit to enforce the agreement. You put your lawyer between a rock and a hard place by giving her authorization to settle for an amount certain and she did. If you decide not to live up to it, she may have to withdraw as your lawyer, which may or may not be good for you for a variety of different reasons. My guess is that you will have a difficult time finding a new one because of the amount of water under the bridge with your old lawyer. My suggestion is that you sit down with your current lawyer and discuss your options as she sees it. You can always seek the second opinion of another lawyer if you don't like what you hear. If you do, look for a lawyer familiar with Alabama accident law.
Answered on Jan 31st, 2013 at 1:15 PM
2 Awards
Don't sign it. Talk to another lawyer. One who will be straight with you and tell you how much she/he thinks the case is worth.
Answered on Jan 31st, 2013 at 1:14 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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An attorney should not accept settlement offers without discussing the offer with the client. A case is not settled until settlement documents are signed. A client can terminate his/her attorney's representation and get another attorney. Normally, this is not a good idea unless you discuss your concerns with the attorney first. Often, when a client switches attorneys, things get worse.
Answered on Jan 31st, 2013 at 1:13 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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If you agreed to make a settlement offer for a specific amount, and if your attorney makes that offer to the Defendant, and the Defendant accepts that offer, you may be bound by that agreement. If the amount the defendant wants to settle for is not the amount you previously demanded, then you have no obligation to accept their offer.
Answered on Jan 31st, 2013 at 1:11 PM