Legal Question in Personal Injury in Illinois
I was in a car accident recently and hired a personal injury attorney. I found out the driver at fault doesn't have very much coverage, and my million dollar umbrella "doesn't apply." Should I fire my attorney so I have enough money to pay my medical bills?
3 Answers from Attorneys
So you want to consciously not pay someone who has done work for you? Your attorney has a lien on your case. He is entitled either to what is spelled out in the contract or an hourly pay for the work that he has already done. So, you can fire him all you want, but you won't be able to short change him the money you owe him.
I hope this helps-
Most attorneys take personal injury cases on a contingency basis-if they recover something for you, you pay a percentage. However, some contracts state an hourly fee that will be paid if the attorney is discharged or terminates his or her employment. Absent such a provision, the court allows the attorney to receive what is known as a quantum meruit recovery. This is a fancy term that allows an attorney to receive an hourly fee based on a number of factors. So bottom-line is that your attorney is going to be paid a fee even if you discharge him before a recovery is received.
Doesn't have much coverage? Well, does he have a home? Property? Stocks? Other assets? A job? Just because someoned doesn't have a huge insurance policy doesn't mean a judgment is always uncollectable. You may still be able to collect something if you win. You would still owe the attorney for his work, but it's your choice if you want to throw in the towel now, or at some point in the future.