Legal Question in Personal Injury in Florida

The lawyer we have who is supposed to be looking out for us Who stated we said to settle the case and we did not, who has a check in his office has had it since March 10th now has sent us a letter Stating if the documents are not signed as per your agreement in the next 7 days then he will assume that you have decided not to honor your agreement and he will then make an appropriate motion to the court seeking enforcement of the settlement and enforcement of the various contractual rights between you, medical providers and my firm. Is he blowing smoke up my ___, we have not signed anything to settle this case We did not tell him to settle this case what exactly can he do or is there any way he can or a judge can make us sign this agreement, I am still tring to get a progress report from the nuerologist stating that my husband has nerve damage in his leg I have told our lawyer I'm waiting for this letter and that he needs to go back to the insurance company and negotiate another 20,000 for pain and suffering in case something else happens down the line we can take care of it he said he would try but he couldn't promise anything. Also is there a time limit on how long an insurance check is good for like 30 or 90 days? Please I really need more help Sincerely Leona


Asked on 5/06/11, 10:57 am

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Paragraph 10 of the Statement of Client's Rights controls your problem.: "you must make the final decision to accept or reject a settlement". : Did you authorize the lawyer to settle your case? If you did,,, the court can enforce the settlement. If not, he had no right to try to force you to do so. Contracts with medical providers is immaterial as is the time validity of the company check.Settlement without all final reports of treating doctors seems premature.

You need to consult with another attorney to analyze the facts. The law is clear. If you insist you did not authorize the settlement and the lawyer has no proof-,--: you are correct. If he has acted beyond his authority and wrongly told the insurance company he had your approval, he should admit his error and withdraw from the case. His credibility to negotiate is destroyed.

You may call me at 305-305-3351. This would not be a free consultation but based on an hourly charge or fixed fee basis..You may also call the Florida Bar Lawyer Referral Service for recommendation of an experienced attorney to advise you..

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Answered on 5/06/11, 2:10 pm


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