Defendant's ins co. fired atty's and now hired another atty to represent defendant on my time. What's wrong with this picture?

Asked 10 months ago - New York, NY

I was hit from behind and I injured my neck. I saw my personal doc same day ax occurred. Doc referred me to a chiropractor whom I saw for near a year before realizing I was not progressing and I got an attorney after realizing my pain wasn't going away. Then after seeing a physiatrist & physical therapist I consulted a neurosurgeon who did ACDF surgery. I am still in pain since the surgery and also tried injection procedures with min relief. The other driver was determined 100% legally liable. The newest attorney has since made a low ball offer. I don't know whether to accept this offer or wait for trial as I am in debt now for using credit cards and my savings to stay afloat while waiting for a fair settlement. Of course my attorney says wait to go to trial. What do I do?

Attorney answers (10)

  1. Michael Evan Greenspan

    Contributor Level 16

    11

    Lawyers agree

    Answered . You really need to trust in the judgment of your present attorney unless you have a very good reason not to. Defense attorneys are paid to fight hard to demonstrate that your case has little or no value. You may be dealing with an insurer that is willing to take your case all the way to verdict because it is in the carrier's interest to do so.

    Sit down with your present attorney and go over your options. If you believe that you have a case that is worthy to take to verdict and your attorney agrees, then follow your attorney's advice.

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  2. David Ian Schoen

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Is there any reason that you should not follow your attorney's advice? He/she is in the best position to advise you the best way to proceed. It sounds like your injuries are quite significant and it is better to have an attorney that is willing to go to trial as opposed to one that wants to fold like a cheap suit.

  3. Ryan M. Finn

    Pro

    Contributor Level 13

    10

    Lawyers agree

    Answered . I would need to know much more about your case to give an informed opinion. Absent some compelling reason, I would trust the judgment of your current attorney.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  4. Eric Edward Rothstein

    Contributor Level 20

    9

    Lawyers agree

    Answered . Carriers sometimes change lawyers when they are nervous or see large financial exposure or think the first lawyer wasn't doing a good job. Your case has significant value if you can show serious injury as defined by the Insurance Law.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  5. Craig A. Post

    Contributor Level 17

    9

    Lawyers agree

    Answered . By stating you consider the offer to be "low ball" you are really answering your own question. Listen to your attorney. I'm sure he/she is looking out for your best interests.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  6. Michael David Myers

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . Follow your attorney's advice.

  7. David J. McCormick

    Contributor Level 20

    8

    Lawyers agree

    Answered . Since you already have an attorney they are in the best position to advise you. They know the most about your case and that is why you hired them.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . I suggest you take the counsel of your attorney, who is in the very best position to advise you on the facts of your case. It is amazing sometimes how offers will increase as a trial date approaches. Speak with your attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Bottom line...If you trust your attorney, listen to him. If not, get a new lawyer

  10. Michael A. Rose

    Pro

    Contributor Level 7

    1

    Lawyer agrees

    Answered . If there is sufficient insurance coverage and the case is strong you should hold out. Insurance companies. Hope you will give in to financial pressures and settle your case for less than it is worth. Understand the upside value of your case and the positives and the negatives to make an educated decision.

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