Legal Question in Personal Injury in Ohio

The insurance company offered me 20,000 after medical & attorney I will get maybe 5,000 can I contact the ins. Co. Directly & fire my attorney so I can keep the whole settlement?


Asked on 3/05/12, 9:33 am

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn

Can you fire your attorney? Yes. Will you therefore get the whole settlement? Probably not, for two reasons. First and foremost, you likely signed a contingency fee agreement with your attorney that allows your attorney to recover his or her actual expenses (phone calls, copies, accident reports, medical records, etc.) regardless of whether or not you recover anything. So at the very least, the attorney will be entitled to what he or she actually expended. Second, because you would not be unrepresented, the insurance company would not offer you the same amount. They made an offer based on the fact that if you didn't like their offer, your attorney could file a lawsuit against them - and in turn, they'd have to spend money defending that lawsuit. If you fire your attorney, you lose that leverage - and therefore, the insurance company can then safely make you a low-ball offer.

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Answered on 3/05/12, 12:35 pm


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