Legal Question in Personal Injury in Wisconsin

Attorney Retiring Shortly After PI Settlement; Is this Suspicious?

Cause and effect is never proven by a mere sequence of events. You might just as well argue that since the attorney retired after the sun rose one morning, the sunrise was therefore the event which enabled him to do retire. Attorneys being "paid off" by insurance companies is perfectly normal in a sense, since PI attorneys usually work on a contingent fee basis. This means that they keep a percentage of the settlement, with the client's permission, in a completely lawful and "above the boards" transaction. Therefore, since the attorney was probably getting around a third of your relative's settlement with your relative's permission, it is difficult to see why the attorney would risk jail by accepting an additional "bribe" to settle. This is particularly true of a $10,000.00 case; even if the attorney was paid twenty times that much it would hardly be enough to retire upon. To say this another way, the 1/3 of the settlement paid lawfully to the attorney is more than enough of a bribe; why risk one's freedom by trying to get more money illegally? If the question you are really asking is "was the settlement too low," then you are not supplying me with enough information to evaluate the value of the case. Even with horrific injuries, claims can sometimes have a lower value due various factors. These can include the "at fault" driver having low insurance limits (or no insurance at all), contributory negligence of the "not at fault" driver, or medical proof problems (such as pre-existing disability or health issues). If you want to supply further information, I would be happy to attempt a more in depth evaluation of your relative's claim value. Please also be aware that my general comments in this online forum are not intended as legal advice for you unless you subsequently retain me; you therefore need to consult with your own lawyer before acting upon any other lawyer's views or comments.

Re: suing 10 yrs after an accident?

Why did your relative settle for $10,000? There had to have been a reason for settling for the low figure. Would the defense have been able to show that the medical expenses were not really necessary?

I suppose that if your relative really thinks the lawyer may have taken your relative's money, your relative could ask the lawyer a copy of the settlement check from the insurance company. If the lawyer is unable to produce a copy of the check, your relative could hire a lawyer to get a verification from the insurance company as to the amount of the settlement. I suspect there may have been a reason for the low settlement amount. Sometimes it is difficult to prove that the person was really injured, especially if there were no objective tests to prove the injury.

Re: suing 10 yrs after an accident?

When I answered your question a few minutes ago, I missed the 10-year time period mentioned in the subject line. If all of this took place ten years ago, your relative may be precluded from obtaining additional compensation because of the running of the statute of limitations. Your question does not specifically mention when the settlement took place.