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

Asked over 1 year ago - 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.

Additional information

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 (8)

  1. Malosack Berjis

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . 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.

  2. Scott Douglas Camassar

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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
  4. Jeffrey Mark Adams

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . 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... more
  5. Paul J Molinaro

    Pro

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . 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

    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, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  6. Sean Michael Patrick

    Contributor Level 16

    4

    Lawyers agree

    1

    Answered . 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.
    http://www.seanmpatricklaw.com

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  7. Robert Max Klein

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . 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.

  8. Frederick Joseph Sette

    Contributor Level 11

    2

    Lawyers agree

    Answered . I'm in Sacramento, give me a call 916-442-0000. Without reading the other answers I'm going to assume there is much more to this scenario. settelawoffice.com

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