Do I Have to Sign a Settlement

[shawa]

My question involves an injury that occurred in the state of: nc

My lawyer seems to be rushing my case all of a sudden...I initially hired one law firm and for whatever reason my case was switched to another...supposedly because the initial firm doesn't handle trials, they out source them to a particular firm. Since my case was switched to the trial firm seems have seemed a little odd with my lawyer. I was recently told there was a coding error with my bills and I was over charged. I am a disabled veteran and the error stemmed from the VA billing system. My total (including emergency room) bills went from 60k+ to around 10-11k...my lost wages were around $1,200.

So, my lawyer calls about a month ago and says they're offering 16,000, I'll get them to go to 20,000 though do I have your authority....I say yes. I get an email earlier this week saying he settled the case for 16,000 and I walk away with 4,000. Now, the total cost of my medical bills 5,200 and legal expenses are around 1,200.

My lawyer has always told me that he would receive less than me and I would get a third NOT a quarter (this is in my contract). My lawyer's secretary called yesterday to have me come in and sign the agreement so she could deposit the check in their account. Luckily, something came up, my intuition and gut told me something isn't right with all of this. I went to spent with my local veteran's affairs liaison about contacting the billing department at the Va in which I owe, and gained a wealth of information from this nice lady. I told her the particulars of the case and she stated it seems like this guy is trying to rush and get paid. She explained her experience with a car accident in great detail...she walked away with 12k for a wrist injury and whiplash....she settled for 25k. I sustained head, back, hip, and shoulder injuries. I received painful proliferent injections in my spine and temple for migraine headaches. I was hit on the highway by a careless driver, knocked into on coming traffic on the opposite side of the highway and I am only alive by the grace of God.

There's so much to say, but anyway said all that to say this....I haven't signed anything and I will not sign any settlement that isn't fair to me. I'm convinced I'm better served by going to trial and have always felt this way. I've made concessions for my lawyer's incite but he never does what he says and he's good at selling you a dream and never delivering. Do I have to accept the agreement legally eventhough my lawyer has come to an agreement with the adjuster and the check and paperwork are in???

Lastly, I have no need for the money and my trial is scheduled for January. I've been waiting 21 months now for this to be settled. Their initial offer was 12k and now they've came up to 16k...this is totally disrespectful in my opinion and seems like an offer someone desperate would take. Any incite about lawyers rushing for a settlement and scamming clients would be appreciated and if you can tell me whether or not I have the right to tell my lawyer to proceed with trial at this point. Thank you for your time

[Mr. Knowitall]

If you don't want to settle your case, don't settle your case.

Nobody here can promise you that your lawyer will have any interest in taking your case to trial if you refuse to settle. It's a small case, and trilas take a considerable investment of time and often also of money. If the attorney believes you authorized this settlement and have changed your mind, or if he has a provision in the retainer agreement allowing him to withdraw if there is a breakdown of his relationship with you, I would not be surprised if your lawyer fires you as a client and put a lien on any eventual recovery for his fees; should that happen, you can battle those issues out down the road.

[shawa]

Ok. Now what would be considered his fees??? The case expenses or would I still be liable for giving him 1/3 ???

[Mr. Knowitall]

If you contracted with the lawyer that his fee would be 1/3 of any settlement or recovery, then that's his fee. Read your retainer agreement.

[shawa]

Hmmm...his fee is 1/3, but that would seem odd, so even if he fired me as a client as you say he would still get 1/3 from something in the future. I wonder what would stop lawyers from just doing that with many cases. Nevertheless, thank you for your incite. It's extremely helpful.

[cmre3456]

What you've been told here is true. Just for me, $16k doesn't sound like much for that type of accident and those injuries. So I'm wondering... ??

Have your medical bills already been paid or are they being paid as part of this 'settlement'?

How much are you being paid beyond actual costs out of your pocket such as medical expenses and lost wages, etc? In other words, how much are you being paid for your inconvenience, pain and suffering, etc?

Who paid to fix or replace your car? Was that done apart from this settlement?

Do you have any lasting incapacities from this and if so, are you a younger person, say with children, or are you an old coot like me? Awards are usually greater the younger the person is and the more productive life he has ahead of him if he's at all incapacitated.

Were you working at that time and if so are you still able to work?

Now, most attorneys, if they can get $16k by settling but believe they can get another $100k by going to trial will go to trial. Now, if the difference is only $4k, most attorneys will want to settle. They get only 1/3 of that extra $4k for going to trial, and you are stuck with the court costs out of your 2/3. Not only that, it drags on and on.

If it were me under those circumstances, I'd want more money and I'd want the attorney to at least file a lawsuit. After filing, it can still be settled before trial but the motivation to settle for more increases. Depending on the questions I asked above, I might want a LOT more than $16k. On the other hand, your attorney has a pretty good idea what your case is worth, and if he thought it was a lot, he'd probably be after it because he gets 1/3.

Medical bills play an important part in settlements. The higher the medical bills, the more the presumed damage although that isn't always the case. It's just a rule of thumb but it does greatly affect settlements in most cases. Is it possible the attorney took the case presuming high medical bills and then that changed?

We just don't know enough of the facts...