Legal Question in Personal Injury in Pennsylvania
Personal Injury Case, Please Help!
I currently have a law firm representing me for an injury case from an automobile accident. The insurance companies involved have made an offer ($100,000) in an amount that I feel I could have received without the services of an attorney. What are the risks of firing the firm and dealing with the insurance companies on my own knowing now approximately what they are willing to pay? The attorney handling the case told me from the start that my case was worth twice what the offer was (but said the insurance company said there was more money available for negotiation). He wants to sue for the max claim and not negotiate, I don't because the hearing would be in another state where the accident had occured and would require travel and more delay in recovering my claim. Also, because the attorney has not represented my case to prove max claim value and earn his 30% , I would prefer to deal with the insurance companies on my own. Why should I settle and pay his firm 30% of my claim when the attorney has not done his job and valued this better. The medical records and other relavant information clearly value this as a max claim ($200,000). Please advise on risks and other considerations to be aware of if I take over on my own. Thanks
2 Answers from Attorneys
Re: Personal Injury Case, Please Help!
Let's see if I have this right.
You want to screw your attorney out of the fee you agreed to pay him, take advantage of his work on your behalf, settle for less than he thinks your claim is worth, and you rationalize that because he should have "valued this better," even though you want to settle for less than he values it.
And you want free advice on how to do that?
I don't think so.
Re: Personal Injury Case, Please Help!
If you fire your atty, he should sue you for his fee. In my opinion, he'll win that suit and be able to collect interest and attorney fees on top of that. Additionally, the insurance company will not settle w/ you w/o the atty w/o "protecting the atty's interest" and deducting that part of your settlement that should go to the atty. You're being naive to think that you could have gotten nearly as much w/o an atty as you got w/ an atty. Settle the case, let the atty take his fee, and move on.
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