Legal Question in Personal Injury in Florida

This is to any one of you who might be able to help us. My husband had a motorcycle accident 8/31/10 where a construction pickup with his 4 way flashers on did an illegal U turn in front of him he laid the bike down and it slid 30 feet before it hit the truck. He has had the plica band removed from his left knee but mind you can't kneel, can't jump off the short work dock, and continues to have sharp pain and numbness in his left leg which we only just found out is nerve damage. We are stuck the lawyer closed the case which he states my husband told him to do, which my husband swears up and down he did not tell him to close the case. He told him to get what he could But I have to talk to my wife first but he went and settled the case and now we refuse to sign it because he hasn't even informed the insurance company about the new findings he states it is done and there is no more he can get it is settled. We have tried to get another lawyer to take the case but because he has settled it No one will touch it, we have asked 3 different lawyers and they all say no, it is a liability, it is not something we can do, Now our so called lawyer want to motion the court to make us sign the agreement. We don't know what to do, one of the other lawyers did say he has been in Pasco county for 30 yrs and the judge probably knows him well, Does that mean we are nothing and he will make us sign because it is our word against his. I am a nurse and have been working here at a nursing home for 10 yrs and I could get letters from several, if needed to prove my character and so could my husband who hs worked at his place of employment for 6 years, We don't know what to do and are very upset the things have worked out neither of us has ever had the need for a lawyer and I thought they were supposed to relief your stress not add to it. We didn't want much only enough to cover the Dr.s and rehab, the surgeon and put some away incase something happens later, because we have health ins. we and they shouldn't have to pay for someone else's negligence. The construction company is Cone's and Graham out of Tampa and is a very big company that has been in business for over 30 years and they have a very large policy, we are only asking for peanuts compared to there policy, Please if anyone can help us My phone number is 813-924-5492 my name is Leona. We need help

Asked on 6/06/11, 9:00 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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The question here is whether the lawyer had authority from your husband to settle the case. The lawyer should not be the one moving to enforce the settlement, that is up to the defendants to do. It is a conflict for your lawyer to do so, since you have told him that you did not annd do not want to settle for what was oferred. There will be a hearing to determine if the lawyer had proper authority to settle the case. It is not clear from your post that there was not. A direction to "get what you can" is authority to settle for what the lawyer can get. If the statement was get them to offer as much as they are willing and I will consider or check with the wife, then that was different. Sounds like there was no authority to settle the wife's claim, though.

Answered on 6/06/11, 12:53 pm

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