Legal Question in Personal Injury in California

Re: Settlement

First off, I very much doubt that your lawyer has cut a deal to sell you short while he pockets more. Doing so would be a shocking violation of both the law and his professional obligations. Besides, merely asking for such a deal would be illegal and it is hard to imagine someone seeking that kind of arrangement. One of the great things about contingency fee arrangements is that they ensure that the client and the lawyer both have the same interest at heart -- maximizing the amount of the settlement or judgment. There is little chance a lawyer would turn on a client the way you have described.

The amount of the settlement may or may not be reasonable depending on a variety of factors, which relate not only to your injuries but also to such factors as the wealth of the company (a $125K settlement that they can actually pay is a lot better than a $500K judgment that is then discharged in bankruptcy), the difficulty in proving your case (since you were already injured it may be difficult and expensive to prove how much of your injury resulted from the second accident), whether you were partially to blame for the accident, and so on.

Also keep in mind that settlements are almost always lower than what the plaintiff might predict he will receive at trial. A defendant which anticipates being hit with a $500K judgment at trial but which also thinks it might win or at least receive a more favorable judgment is not going to offer to settle for the same $500K, but a plaintiff who recognizes that he might not get the $500K and that it will cost a lot to get through trial has an incentive to accept an early settlement for a much lower amount.

I would need to know a lot more about the details of your case to assess this settlement proposal, but nothing you have said makes me suspicious.

I wonder, though, why the construction company is the only defendant here. The college would probably also be a viable defendant. Did you sue them, too? And did you receive any insurance benefits re: the car accident? Did you file a suit in that instance as well? Even if the construction company isn't paying up as much as you feel you should receive, there may be other places to turn for additional compensation.

Re: Settlement

In my humble opinion your case is probably worth much more than the offered settlement based upon the facts you articulated. If you do in fact proceed to trial you could get much more money, or possibly less money, or worst case, no money if the jury gives a judgment to the defense. A firm settlement amount takes the risk out of getting less or nothing at trial, however it precludes a possible much larger judgment. I am in fact a trial lawyer and have the resources to take a case like this to trial. Not all, but many lawyers in the PI field will not ever take a case to trial, they will just try to settle it out to get their portion, and not have to gamble their money on a possible bad outcome. That's the way the PI game works. The decision as to whether to settle the case or not rest soley on you. I would be happy to talk to you about your case. Call me on my cell at 818-427-6246 or during the week at 626-583-8804.

Norman Gregory Fernandez, Esq.

www.norman-law.com

Re: Settlement

Your facts read like a law school exam question. . . That being said I doubt your attorney is selling you out since both the company and the attorney are risking a lot by doing that. Remember you control your case and if you are not happy with a settlement offer you can tell your lawyer to reject it, but also keep in mind that by doing so you risk a lower settlement offer later on, a lower award at trial, or zero if you lose at trial.

Most lawyers are honest and will act according to the best interests of their clients so unless you really have a problem with your attorney you should trust that he believes what he is doing is in your best interest--but again remember that you control the case.

Good Luck.

Re: Settlement

There's no reason why your claim shouldn't be just. Remember, though, that the other side is not going to pay you any more than they think that they need to to make this thing go away. Perhaps, the closer you get to trial, the higher their number will go. As to your attorney, what you're implying(making a deal with company) would be a serious ethical violation. Has he given you any reason not to trust him? My hope is how you felt about him was sorted out before you hired him. If he hasn't given you any reason not to trust him, give him the benefit of the doubt, but definitely ask specific questions about his strategy, and make sure all settlement offers are communicated to you. Often, even with a "just cause" like yours, settlement is a waiting game. It's not a matter of if you'll win, but apparently how much they'll pay, and if you get to a number like a half million, the other side will wait to have to pay it and see if you push them that far. Good success.