Legal Question in Personal Injury in New York

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The law governing the particular issue on appeal may have recently changed. A key expert witness may have recanted. Countless factors may be affecting your current attorney in advising settlement. The cost in time work and money of an appeal may well be among them. In any event, if your attorney is demanding that you pay for the appeal separately when the case is being handled on a contingent basis means that the attorney is not confident in the case, and you should consider having the entire case reviewed by another attorney. Do not fire your current attorney. Just consult with another about the specific details of the case and appeal. Then you will have a better basis from which to plot your course going forward. If you need help in this, or in finding an attorney in your area with the requisite experience, please feel free to contact me. 5853195334

Re: Injury case

You need to review your retainer agreement with the attorney to see if the retainer includes appeals.

Daniel Clement

Re: Injury case

I agree with my colleague about looking at the retainer agreement, but chances are that it says nothing about an appeal.

If your attorney thinks the settlement offer is fair, then he is correct in advising you to accept it; however, if he simply doesn't wish to do the substantial amount of work involved in an appeal and he is advising you on that basis, then you should consult with another attorney.

The personal injury firm I am affiliated with has a special appeals division that handles nothing but appeals and has had great success. You're correct in your assumption that if the defendant's appeal is denied, the settlement offer will most assuredly increase dramatically.

Please feel free to contact my office via email for a complimentary consultation. Please include your name and telephone number so we may contact you to discuss your options.