QUESTION

What's the procedure if you don't agree with the settlement

Asked on Sep 14th, 2015 on Slip and Fall - Florida
More details to this question:
If first your attorney have requested 125k, then come back and say he can only get 5k. Do fire your attorney before hiring another attorney.
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1 ANSWER

Personal Injury Attorney serving Orlando, FL
3 Awards
This depends..Has the attorney filed a lawsuit? The majority of the public doesnt know that alot of lawyers just take cases to attempt to settle a case with the insurance company, without filing a lawsuit. If said lawyer doesnt file a lawsuit, then the file doesnt get transferred to a defense lawyer. Rather it stays with the insurance adjuster. The reason that alot of lawyers never file a lawsuit is very simple. First, they dont have to pay up any out of pocket costs to finance the case through mediation and trial (these costs can sometimes get 20k plus) and second, the only work they need to do is to talk on the phone with the insurance adjuster and attempt to settle the case. Insurance companies often times treat the file like a joke if suit isnt filed. This is true not all the time, but it does happen quite often. Ask your lawyer if a lawsuit has been filed and if he says no, then ask him if he plans to file suit if you reject the 5k offer. If he still says no, then quite possibly he is just trying to get a quick settlement..If your case has merit, then a good lawyer will file suit and take the case through discovery and mediation and if need be to trial. good luck...   Stephen Black 407-581-2581
Answered on Sep 14th, 2015 at 7:13 AM

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