I was hit by a government worker driving a government vehicle while i was riding my bike almost 3 years ago. i had two years of physical therapy plus a back surgery. My attorney offered to settle for $200,000 and said we would get $150,000. He made the offer and they came back with $20,000 saying i was negligent for coming up on the sidewalk even though she admitted wrong doing. I have witnesses and now we are at $27,000. He all of a sudden does not think he can win the case and i am irritated at his change in attitude and his unwillingness to fight for me after promising $150,000. Not sure what to do at this point. I live in Eugene Oregon and not sure how to get a different attorney or if I'm locked in with him.
You are never locked in with any attorney. You can change lawyers at any time, however, it sounds like they have done a substantial amount of work on your case. It would be worth your while to have a sit down meeting with your lawyer to find out exactly why this amount is being offered, if you still have a level of trust, it would be worth it. If you don't, the you need to look fora new lawyer.
I agree that your first step would be to sit down with your current attorney. He may not be comfortable going to trial which is why he may be backing down unless some unknown fact suddenly came up in discovery to change the theory of negligence and/or liability. Most personal injury attorneys give free consultations. It would be worth talking to another attorney who has a reputation of not being afraid to take a case to trial. You are never locked in to an attorney.
It can be difficult for another attorney to get up to speed on your case, so talking to your own lawyer is the first step. If you cannot reach a point where trust is re-established, you can definitely hire another lawyer. Keep in mind, though, that your first lawyer will have a lien against your eventual settlement (unless you paid a retainer).
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