Legal Question in Personal Injury in California

Re: Attorney disclosures

Ask your attorney for a summary of the settlement negotiations. It doesn't sound fishy to me. It appears that your attorney was involved in settlement negotiations with the insurance company and he was able to increase the settlement offer.

If the doctor is on a lien, and you may wish to check with your attorney as to how much you have to pay him back and how the amount was arrived at

Re: Attorney disclosures

Sometimes insurers do increase their settlement offers spontaneously. This isn't common, but in can occur (for example) where new evidence comes to the carrier's attention or where the insurer realizes its initial offer was the result of a miscalculation.

At any rate, the odds that your attorney is trying to cheat you are slim. For one thing, such conduct is grounds for disbarment and few attorneys are foolhardy enough to take such a risk. Another important point is that insurance companies generally pay their settlements via a check made payable jointly to the plaintiff and his/her lawyer -- which means that both the lawyer and the client have to sign the check. Since you would see the actual settlement check it would be difficult for your lawyer to hide any portion of the money from you.

I don't mean to deny that fraud is possible in a situation like yours. However, the probability that your lawyer is actually trying to bamboozle you seems very low.

Re: Attorney disclosures

not only do you have a legal right as a client to see all written offers by the opposing side, your attorney needs to get your approval to accept any such offers. if you feel you are being "ripped off" here, there is a great chance you might be right. if you would like further legal assistance and/or representation in this matter, please do not hesitate to email me directly with more information and how you would like to proceed. thank you for your question.

Re: Attorney disclosures

You are being paranoid. Ins. co. do not make these offers in writing. You can check with the insurance co to see if the settlement that you agreed to is what they offered. However, the settlement check is made out to both you and your attorney.

Re: Attorney disclosures

You have the right to examine your file, and if you have any questions about the settlement and the math, it might be the best thing for you to do. If you believe you are being ripped off, contact the California State Bar. This is the agency that regulates attorneys. Best of luck to you. Sharon R. Werbel