Legal Question in Legal Malpractice in Georgia
Me vs. State Farm and my own attorney
Was in accident in Atl 4 yrs ago. Car totaled, fracture in spine & hand. Numerous contussions, cuts, etc. Guy who hit me has State Farm and so do I. After couple of weeks and no help from State Farm, I got a lawyer who said I had a powerful case and that I'd never get anything from the ins. company. I signed a contract giving him 40% plus expenses because I really thought he would help me. He has done nothing for 4 yrs, lost records, run up ''expenses'' and now says that if I do NOT settle for what State Farm is offering, I will have to pay all of the current expenses he has run up ($1,200), plus more money in advance for doctor's depositions which he says will cost thousands of dollars. I never wanted to get rich because of this accident, I just wanted to be compensated for my time and losses and loss of quality of life. I thought $75,000-$90,000 would be fair. State Farm has offered $25,000, which, after his money (probably $1,500 by then) plus medical claims he says are outstanding, I would receive $11,000. I even asked him to let the case be mediated or arbitrated. No response. What should I do?
2 Answers from Attorneys
Re: Me vs. State Farm and my own attorney
If a suit is pending, and it appears from you post that it is, you have not been injured in a legal malpractice context. If you feel you have reached an impasse with your attorney, it may be time to terminate your relation and find someone else who is willing to pursue the case more in accord with your wishes and goals. I'm not saying that $25,000 is or is not a good offer. Case value depends on many variables: Venue [county where suit is pending]; severity of collision; liability issues; residual or permanent nature of injures; and other factors. If you wish to discuss this you can email me with your phone number.
Re: Me vs. State Farm and my own attorney
Wow. What a mess. If the case has been dismissed, you may have to sue the lawyer. If the case is still pending, you may be able to get the case ready for trial and proceed to trial. That certainly will get you the best monetary offer. In which Georgia County is the case located and to which Judge is the case assigned? With that information, we can give you a better answer. If you wish, email my associate, [email protected] or visit us on the internet at www.woodandmeredith.com
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