Friday, March 21, 2008

Can I drop my lawyer if I hired one to help me with my car accident lawsuit? -

The lawyer I have is not moving fast enough for me. Can I call the at-fault-party s insurance company myself and see if they will settle for 15,000 dollars? At first they offered me 5,000 dollars and thats when I hired an attorney.

Lawyers usually add a year to the time frame. Sure you can try to settle yourself, AFTER you ve fired your lawyer and given proof to the other carrier, but you still might be on the hook to pay them their third.

quot;adding a year to the casequot; is the new scare tactic insurance agents are using to try to save money so you don t get a lawyer. Don t believe it. Most cases take 6 months on average, some less and some more. http://www.youtube.com/watch?v... Report Abuse

The simple answer is yes, you can fire your attorney any time you want to. If, however, your attorney was working for a percentage of the settlement, he/she will probably be expected to be paid for the work that they did on your behalf. The time that it takes to settle insurance claims varies tremendously based on the type of claim and the severity of the claim. Since you didn t give any details, it is hard to say if it has been too long or not. Before releasing your current attorney, you might want to ask another attorney his/her opinion about your case and if the time table is reasonable.

The insurance company likely won t talk to you until they get a letter from your lawyer releasing him from the claim. With regards to your offer... If they only offered 5k I am pretty sure they will not accept your counter of 15k. You will be lucky to get 6 or 7k. My guess is you had some soft tissue injury to neck or back. 5k is pretty much all you are going to get.

Legal processes never move fast. If you call the insurance company and offer to settle, it will go slower than it is now, 1000 fold. And, you probably wont get a cent out of it.

As long as you have an attorney- the insurance company is not allowed to talk to you. The adjuster may not return your phone calls and if the adjuster answers - they will not discuss the claim with you. If they offered you 5000 originally - why do you think they will pay you 15,000 now? Their offer is based on your injury and your injury is what it is- it s probably the same as you had before. Let me guess.....you bought into all the TV commercials that say that adjusters are afraid of attorneys. Guess what....we are not afraid of attorneys - we deal with them all the time. And the value of your claim does not increase just because you hired an attorney. Of course having an attorney slows the process down. Instead of the communication being directly between you and the adjuster you added another step - the attorney is now a go between--and you get to give him 1/3 of your settlement plus expenses. Your choice to hire an attorney does not make your claim worth more. Only means someone else gets a piece of the pie. If you want to fire your attorney - you need to contact his office. His office will need to send the adjuster a letter stating they are no longer representing you. The adjuster will not speak with you until they get the letter from the attorney. Read your retainer contract (the one you signed when you hired your attorney) odds are...you will owe him for the work he has done so far. I doubt you are going to be able to walk away with out paying him something.

You should sue your current attorney for negligence. Document how slow he was to prepare your case.

As the client, you have the power to fire an attorney anytime in the case. Just make sure your back is covered.

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