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Is it illegal to settle my case with the other insurance company if I have an attorney already?

Sacramento, CA |

I was in an accident in May of 2011. I was hit from behind. It was there fault. Now my original lawyer turned out to be an insurance mill and wanted me to settle on the first thing the other insurance company offered me And i wasnt even completly heal yet. So long story short I had to fire him( there was more to it but that was my biggest concern with that company). So I got a new lawyer. They seemed really nice and had a good rating so I went with them also because it was local company. Now after getting started with them they have change with not one but 3 different lawyers and every time never told me. I only knew bcause I would call to get an update and they would say im sorry you have a different lawyer now...oook Also they hardly NEVER return my calls. And im about to lose my home.

Lmao So after I pretty much threaten to end my case he calls me twice and left a voicemail And an email..well see how this goes..Also he had this to say- Please call me to discuss the status of your case as I would like to send a Statutory Offer to Compromise to the other side which has adverse consequences if not accepted-----Now im wondering is that his way of saying dont settle?? LoL

Attorney Answers 7

Posted

Unfortunately, this is what happens when you hire one of these large firms to handle your case--you're nothing but another settlement check to them. However, with that said, they are still your attorneys, and you should not be contacting the other insurance company behind their backs. You can always fire them (as well), and do it on your own (even though I would strongly advise against deal with any insurance company on your own). Just keep in mind that they will likely place a lien on your case in order to collect reasonable attorney fees for the work they have done on your case to date. Best of luck to you.

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Asker

Posted

Thats true but I dont know what they done the previous lawyer did all the work they just took up my case because i didnt want to be force to settle like the other company was. Is there a way i can get records of them showing what they actually done on my case? I had a deposition but it was cancel and my lawyer didnt even tell me why just that they would call me to reschedule. That was almost 3weeks ago

Malosack Berjis

Malosack Berjis

Posted

Of course. Just ask them.

Asker

Posted

I would if they ever return my calls lol

Malosack Berjis

Malosack Berjis

Posted

Lol! (You really just made me laugh out loud.)

Asker

Posted

:)

Posted

Very sorry to learn of your predicament and unfortunate dealings with attorney. Don't represent yourself. Ask those you trust and respect for recommendations; best way. Your attorney does have a lien for services rendered. Good luck.
Ps. Local and qualified counsel.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

I had gotten rid of a previous lawyer so this is my second attorney on my case .Problem is it will be 2yrs. in may so im running out of time on my case so i dont think i can even get another lawyer. Another thing I call my lawyer and told them i wanted to close my case and to just settle cause i was tired of dealing with the way there treating me. I Still havent heard back. The legal assistants are never in so I always have to leave a voicemail and they never return my call. My lawyer is never in so i have to do the same thing and when he is in he is busy talking to someone else. I been to the office this is not a large firm. i dont now what I did wrong and why there treating me like this. Im really done this case cause its really stressing me out

Posted

Demand a sit-down with your lawyer. If you're still unhappy, I'm sure you can find another one to help you. But don't try to settle it out from under them. That will only cause you more headaches

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Posted

I have tried this but to no avail no one calls me back or return my emails. i feel like a bum trying to pan handle for my lawyer attention and I know the secretary is tired of me calling lol. i never even heard my lawyers voice.

Scott Douglas Camassar

Scott Douglas Camassar

Posted

Sorry to hear this. Lots of good lawyers in your area. Use the "find a lawyer" tab on this site to find some good ones near you. Good luck

Asker

Posted

Thank you

Posted

You have posted your question in a good place. There will be responses from lawyers in your area. I recommend that you meet with a new lawyer - someone you feel comfortable with. I am hoping that a lawyer from the Sacramento area will respond and get you on your way.

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Posted

Im scared to go with another lawyer at this point. I dont want to find someone who seems to be on my side then i never hear from him or her again and my case will be 2yrs in may i dont know what to do but im tired and just want it all to go away and settle

Robert Max Klein

Robert Max Klein

Posted

I understand your frustration. Have you considered calling your current lawyer and setting up a face to face meeting. That may help.

Robert Max Klein

Robert Max Klein

Posted

I just saw your comment that they don't respond to your calls or emails. You could write a letter asking for a copy of your entire file. Once in your possession, you would be in a position to have someone else review it and make suggestions on what you can do to get is settled.

Asker

Posted

I cant even get a hold of him. When I call I ask for him first..then like always they say his in a meeting or his is out of the office .So then i ask to speak to the paralegal..and its the same response...this goes on for weeks at a time . Then when the paralegal calls its short and she always abruptly hangs the phone up. Like I said Im not sure where my case is even at in the process and i never even once gotten to talk to my lawyer. When I first went with this company they told me I had a really good case. last i spoke they were trying to get the full policy limit but I dont get whats going on with them

Asker

Posted

Im tempted to go to the office and just sit there for hours until I see him

Asker

Posted

Do you think they will really give me my entire file. But who would wanna take my case at this stage? My husband fills its got to many hands in it as is and I will have nothing if I keep getting different lawyers

Asker

Posted

i think I will go to the office and request it cause they may say they never go the letter

Robert Max Klein

Robert Max Klein

Posted

Call again to set up an appointment. Follow up with an email and also send a letter requesting a copy of your file.

Posted

Schedule an appointment to meet with the lawyer, and if he/she doesn't return your call, you can send a termination letter, and retain a new one that will.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

One of the biggest complaints clients have about their own lawyers is lack of return calls and updates - i.e. "communication." A very strange thing considering we are supposed to be expert communicators... we usually enjoy talking and getting attention. Assuming a client is not being too pushy - as in calling every morning and evening for an update - he or she should expect a call back from the lawyer or at least a legal assistant (if the lawyer is out of town) within twenty four hours.

If a situation gets to the point where a client is fuming, the case is going to crap, and the defendant or its insurance company is calling the client directly because the lawyer has gone AWOL, it is probably time to send the lawyer a certified letter outlining the issues/complaints and demanding the file - all records - and... and this is the one that all of us lawyers really hate, so don't kill the messenger, counselors... a note at the end of the letter that says the next letter gets CC'd to the California State Bar.

If a case is really good, and there is enough money at stake, another lawyer may come on board... however, many of us don't like taking over the cooking of the stew when the first chef overseasoned it. The case could be beyond repair. There could be liens on the case from the previous attorney or the hack medical care providers he or she hired.

None-the-less, there are attorneys who will take cases midstream. Fortunately, many of us offer free consultations, so calling us should not be feared.

Paul J. Molinaro, M.D., J.D.

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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Asker

Posted

Wow too bad your office isnt in Sacramento. Good advice, Thankyou

Asker

Posted

Your right im fuming. I call at least twice a week to talk to someone and never get to talk to anyone. Sometimes I go weeks at a time before i call and still its the same thing. Every time im directed to their voicemails. Im like ok if my lawyer is busy talking to a client am I not a client also. i will be paying you almost 40% of a maybe 100k case i think i deserve to talk to you and not be brush off.

Paul J Molinaro

Paul J Molinaro

Posted

I'm down here in sunny Southern California, but there are two lawyers up in the Sacramento area that I know and recommend... Manuel A. Juarez, Esq. Law Offices of Manuel A. Juarez 2143 Cedar Street, Suite 200 Berkeley, CA 94709 Tel. (510)841-6164 Ligia M. Parmenter, Esq. Parmenter Law Offices 501 “B” Street, Suite 200 San Rafael, CA 94901 Tel. (415)738-7901 - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.fransenandmolinaro.com / www.888MDJDLAW.com "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J Molinaro

Paul J Molinaro

Posted

In regard to how much attorney's charge for personal injury cases, the contingent fee varies from attorney to attorney but most charge about one third (including my law firm). While it may seem prudent to haggle over the fee, it would be more prudent to make sure one gets an experienced, honest, professional, and receptive lawyer. Also, my firm does practice throughout the entire State of California, but, as one would guess, the farther away the case, the higher the value has to be to make it worth the client's additional expenses. - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.fransenandmolinaro.com / www.888MDJDLAW.com "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Posted

You can settle, however, if you have an attorney they likely have a lien, and the opposing side isn't really supposed to contact you directly. I would find an attorney that you trust to handle your case and let them do their job. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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