Legal Question in Personal Injury in Texas

Re: attorney withdrawal

Every PI attorney, who has done a fair amount of trial work, has likely had a client refuse a settlement and then gone to trial and have the jury come back and find that either the defendant was not liable or award the client less $ than he would have received if he had settled. On the other hand sometimes a jury will pleasantly surprise you. If your attorney is seasoned, his advice is probably more reliable than your hunch. You should ask him if you can have another lawyer review your file so you can get a 2nd opinion about whether you should take the offer. If you have a good case, another lawyer will pick it up. If you have a weak case, you should settle. The problem with the subrogation claim is that if it is an ERISA claim, then depending on the outcome at trial, your attorney could try the case get a verdict and damage award and possibly not recover any fees since an ERISA claim, by law, has the right to recover its monies before even the attorney gets paid. These liens make it difficult at times to put $ in a client's pocket at the end of the case since they have first dibs and then there are the attorney fees and any outstanding medical liens. Clients sometimes don't want to settle since they won't pocket anything, but if it looks like that is the likely outcome, the attorney is reluctant to move forward just because the client is withholding settling because he has nothing to lose.

Re: attorney withdrawal

There are two issues that need addressing here. One is, can an attorney withdraw when there is a disagreement with the client over whether to settle a case or not. An attorney not only can withdraw, he MUST withdraw if he has reached an irreconcilable impasse with his client. It is difficult to know with the limited information you have provided, however, whether yours is an attorney who is just unwilling to fight for you--including going to trial, if necessary. Many attorneys handle cases only if they settle easily and they do not have the skills and experience necessary to try cases in court. On the other hand (and, again, without more information I cannot be sure if this is the case), if your attorney is a skilled and experienced trial lawyer and he has advised you to settle because he is convinced, because of relevant factors in your case, that your case cannot be won at trial for more than is being offered in settlement, you should listen to him. Many, many injured victims insist upon trials and then are very, very disappointed at the small amount of money our conservative juries award, particularly in North Texas. Your lawyer may be giving you the best advice he possibly can by advising you to settle rather than risk getting nothing or very little at trial. Again, it depends upon the competence of your particular attorney and whether or not he has the experience to back up his opinion. (That's why you should never hire a T.V. lawyer because everyone knows that they almost never go to trial.)

As to the PIP issue, you are incorrect. Filing for PIP will not make your premiums go up. In fact, there is a specific state statute that makes it illegal for any insurance company to raise your premiums or cancel your policy in retalitation for filing a PIP claim. This is your money that you have paid for; it is foolish to not claim it.

Re: attorney withdrawal

Your attorney has the ability to withdraw from the case if you two don't see eye to eye (which appears to be the case here.)

However, your attorney may not withdraw in such a manner as to seriously predjudice your case. For example, the attorney may not withdraw if there is an immediate deadline (i.e. eve of trial.) I can't tell if that is a factor here or not.

To answer your PIP question, your rates should not go up for merely filing a PIP claim, as this a no-fault policy that you elected to purchase.

This is a policy you purchase as an option and you pay for, so I'm puzzled as to why you wouldn't want to make a claim for it.