More details to this question:
in 2009 I had a car accident. Due to that accident I needed to get physical therapy. When I was in therapy one day, a patient told me that his lawyer, for a case like mine, would get no less than a million dollars for the injuries I had. So after talking to this guy I contacted this lawyer and signed with him. Years passed by, and one day we went to a deposition in 2011, after that I didn't get any more calls from him, so I called him 2014 and asked him to give me an update on my case. In 2015, I called him back, and he said that my case depended on a top liability of $100.000 and that he didn't go for the assets of the person who hit me, who was using the cell phone at the moment he hit me. This attorney told me that they usually go on bankruptcy. I have multiple injuries; 3 surgeries and more internal injuries, as pudendal nerve entrapment, and 13 herniated disk on my spine (Low back fusion), my whole neck is herniated What to do in this case? Is this Mal Practice?
1 ANSWER
Personal Injury Attorney serving New York, NY
at
Barasch & McGarry
Update Your Profile
You've asked some very good questions. First, your lawyer has no right to sellte your case without your prior consent. If the defendant had a limited $100,000 auto liability insurance policy, that's the most that you can get from him. Based on thein serious injuries you describe, you are right to think that your case should be worth much more than $100,000; however, the only way to get more is to do an asset check to see if the defendant owns anything worth going after. Lastly, if you carried signficant Supplemental Uninsured Motorist (SUM) insurance coverage, you can get more from your own insurance company. But, you should know that you can not settle against the defendant's insurance company (for the $100,000 offer) without the prior consent of your SUM carrier. Please feel free to email other questions directly at michael@baraschmcgarry.com
Michael Barasch
Answered on Aug 04th, 2015 at 1:12 PM