Legal Question in Personal Injury in New York

attorney demands I settle

I was in an accident caused by a drunk man walking. His insurance company offered 100% of $ 100 grand. I demanded my attorney proceeds with a trial and seek more as $ 100 grand will actually net me nothing. I have enormous bills due to this accident which has left me an amputee. My attorney does not want to go to trial and in fact now is demanding I pay $ 4000.00 in order for him to proceed.

I feel I am being held hostage by my own attorney.


Asked on 9/23/07, 8:18 pm

3 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: attorney demands I settle

Your attorney can't force you to settle, and your retainer governs the terms of the agreement between you and your attorney. However, there is usually a reason for an attorney recommending a settlement, and I have no idea what is going on in your situation.

If there is no other insurance, and the

person at fault is judgment proof,

the policy may be all that is reasonable to expect. If you know for a fact that is not the case, give me a call.

Simply being seriously injured does not automatically result in a recovery.

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Answered on 9/25/07, 12:13 pm
Jason Stern Law Offices of Jason Stern

Re: attorney demands I settle

In order to intelligently respond to your inquiry, one would need to know: (1) If $100,000 represents the entire value of the defendant's insurance policies; (2) If the defendant has other tangible assets that warrant pursuit beyond the value of insurance policies; (3) Whether the circumstances of the case warrant getting a judgment and pursuing the defendant's personal assets.

If you'd like a second opinion, please address the above questions in your reply to my office.

Good luck!

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Answered on 9/23/07, 8:36 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: attorney demands I settle

YOu are. You were supposed to have signed a retainer. Did you? Report the guy to the bar grievance committee and get a new lawyer. Understand however, he might be trying to tell you that there is not a deep pocket and that 100k is all you will ever see.

Even so, he is your lawyer and he has an obligation to follow your legal instructions.

Good Luck

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Answered on 9/23/07, 9:55 pm


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