Hello, I was in a car accident with my father when I was 16 where we were rear ended and it was not our fault

Asked over 1 year ago - Buffalo, NY

We spoke to a lawyer who opened a case but we didn't hear from him and forgot about the case itself. Now that I am 20 the lawyer called me saying I need to sign a form that says he will get 33.33% of what I receive but it also states that if I am under 18 then the judge is the one who is suppose to decide what percentage the lawyer gets. The case was open when I was 16 and I was wondering whether I am suppose to sign the document again now that I am over 18 or is it just a way my lawyer can get a bigger chunk of the money. Please help

Attorney answers (6)

  1. Jeffrey Mark Adams

    Contributor Level 20

    10

    Lawyers agree

    Answered . Your lawyer no longer represents you once you turn 18; absent a new retainer. If you have qualified counsel then why switch? You may always interview another attorney(s). Heed this; discounted lawyers are just that - discounted. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Michael Evan Greenspan

    Contributor Level 16

    10

    Lawyers agree

    Answered . Attorney Adams is correct. I would arrange an in-person meeting with the attorney who has previously handled the case and find out what has happened since the case started and why it has taken so long to resolve.

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  3. Matthew C Simon

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Yes - my colleagues are all right on. If you have concerns about your attorney, seek new counsel ASAP. You dont want to get scammed.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  4. David B Pittman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Both answers are spot on. Now that you are 18 you can make your own decisions so call the lawyer and get apprised of what is gipoing on with the case. If you don't like this lawyer you can terminate them and hire one of your choice. Good luck

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Let me save you thousands of dollars or even tens of thousands of dollars here. Retain a lawyer in your state with a low contingency fee. The lawyers on Avvo all have their fee percentages listed. Good luck.

  6. Stephanie S. Gelber

    Contributor Level 3

    1

    Lawyer agrees

    Answered . As the other attorneys indicated, you should be speaking with the attorney retained on your behalf (I assume by your dad) when you were 16 to determine not only the status of your case but why the attorney has had no communication with you in a very long time. Please note that, assuming a lawsuit is warranted and has not yet been commenced, you should not have an issue with the timing of a lawsuit since although the statute of limitations for negligence is three years, it is tolled until an infant reaches age 18. So, in your case that would mean that you would have until you are 21 to commence such a suit, if one has not yet been commenced. I am curious, however, why there has been such a delay since your attorney has been handling this matter for 4 years. Our law firm is located in Buffalo and if you would like to discuss your situation in more detail we would be happy to try to assist you.

    This response is general in nature and not intended to provide legal advice. No attorney-client relationship... more

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