Legal Question in Personal Injury in California

Re: lawyer settled without our consent

sounds like potential Legal Malpractice Case

Joel Selik

800-894-2889

www.4thelaw.com

Re: lawyer settled without our consent

He absolutely cannot settle your case without your consent. Always remember one simple rule, the attorney works for you. He is your employee. He can give you advice, but you are the one that makes decisions.

He is going to have to ask you to sign a release of all claims before the insurance company will pay him. If you do not want to accept the offer then do not sign the release.

Many personal injury attorneys will not litigate a case. In order to get the full value of your case you must litigate it. If you settle it before you file a lawsuit, you will be settling it for pennies on the dollar. There are a few exceptions to this. For example, the insurance company may offer you the policy limits of their client's policy. This usually happens only when there is undisputed liability and your injuries far exceed the policy limits.

Remember, the representatives for the insurance company are paid and promoted to find ways NOT to compensate you for the recklessness of their client. Their intention is to keep as much money as possible and to give you as little as possible. This is why you should retain an attorney who hates insurance companies and is willing to fight them.

Many attorneys have given up and take the path of least resistance by accepting the patheticly low offer the insurance company will make them because this way they do not have to do any work, any real legal work.

Hope this helps.

Joseph Low

Re: lawyer settled without our consent

The attorney cannot settle without your consent. Don't sign the release. Go to another attorney and have the new attorney get the file from the old attorney. You may also want to report the attorney to the State Bar. Make sure a lawsuit is filed within one year of the date of the accident.;

Re: lawyer settled without our consent

He cannot settle without your consent--you still have to sign the release and settlement documents. Attorneys also have a duty to communicate with their clients, so his non-communication is a problem too. You may wish to have another attorney review the case, especially if no lawsuit has been filed and the one-year statute of limitations is getting close.

Re: lawyer settled without our consent

Contact the insurance company and ask if they have paid the claim. If the answer is yes then inform them that you did not agree to the settlement nor sign the release or the settlement check. Then contact the state bar regarding the matter.