Legal Question in Personal Injury in California

I was in a car accident that was deemed not my fault in November of 2021.

I hired a personal injury lawyer right away who led me to believe for almost a year that I would get a pretty hefty sum in compensation.

After a year I get a phone call from him and he tells me that he just checked the responsible party’s insurance coverage limit, sadly he only had the state minimum (15k) and he tells me that out of that he is going to take 7K, I will get 2-3K and medical will take the rest and to sign the release he sent me and send it back to him and then we’ll be done.

I am not okay with this, I feel like checking the persons insurance should have been the first step and I feel like he failed to do his job.

I also feel like he is not looking out for my best interest at all.

I would like to fire him.

The case has not settled yet. I am aware that he will ask for payment but I don’t at all believe that he should be getting 7K.

I have been told to file a complaint with the state bar.

Should I do that? Do I have grounds to fire him?


Asked on 10/03/23, 7:27 pm

2 Answers from Attorneys

You don’t need grounds to fire him although unless the at-fault driver has assets you will have trouble finding a replacement. Definitely file a complaint with the state bar.

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Answered on 10/04/23, 9:28 am
Terry A. Nelson Nelson & Lawless

If you don't trust your attorney's answers, you should consult with another attorney for a '2nd opinion' on the value of the case and what has been done or not.

If true that the insurance limit is $15k, then that is realistically the max you can expect to recover, unless you pursue the case and demand the other driver personally pay above the insurance limits. That seldom works out. Having only state minimum insurance is an indication that the person is 'poor', and that he could simply file bankruptcy and avoid the problem if you attempted that. Talk to your attorney or your 2nd opinion attorney, and review with them your written Retainer Agreement as to what fees the attorney is entitled to.

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Answered on 10/05/23, 12:32 pm


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