My trial lawyer is making me uncomfortable by trying to force me to settle a personal injury case.

Sounds like a case where you need to listen to your lawyer or get a second opinion. The amount sought has no relevancy at all. You can ASK for billions. That doesn't mean your case is worth that much.

You have to prove liability, causation, reasonableness and necessity of medical expenses and other damages. Just because you incurred medical expenses does not mean a jury or arbitrator is going to find that they should be awarded.

The attorney has an interest in getting you as much as possible since he or she is likely getting a percentage. The attorney is weighing the risks of getting more than what the insurer is offering with the risk it will be a lot less. I've been on both sides of these cases, and I can tell you, it really sucks to spend time and money going to court and getting less than what was offered (unless you're the insurance company lawyer). Ultimately, you are the client and get to decide. However, this close to trial, if the attorney is telling you this is the best you can get I'd be very hesitant to blow that off. I imagine your attorney has more knowledge about what a likely recovery will be than you do -- that's why you hired him or her.

The trouble is you are not likely to find another attorney who is going to want to jump into a case just before trial, especially if the current attorney has a lien based on the latest settlement offer.

Trial work has a great deal of subjective judgment associated with it. If you think the lawyer is incorrect discuss it with him. There are objective standards that one could resource. Jury verdicts are maintained in legal publications. You should sit down and go over prior verdicts. You also should consider the source for collection if you do in fact recover a judgment. Is there insurance, if so, how much. Does the defendant have nonexempt assets? If your still not satisfied consult another lawyer for a second opinion. Remember< this is your lawsuit.

Trial work has a great deal of subjective judgment associated with it. If you think the lawyer is incorrect discuss it with him. There are objective standards that one could resource. Jury verdicts are maintained in legal publications. You should sit down and go over prior verdicts. You also should consider the source for collection if you do in fact recover a judgment. Is there insurance, if so, how much. Does the defendant have nonexempt assets? If your still not satisfied consult another lawyer for a second opinion. Remember< this is your lawsuit.

Here's something to remember: your lawyer works for you (not the other way around). Whether or not to accept a settlement in a case is up to YOU, not your attorney. As a lawyer, I have been surprised whenever a client disagrees with my settlement recommendation, but I always tell them the same thing- it' their decision not mine.

If the other party won't settle for what you believe is a fair value, you should insist that the attorney try the case. The only option for the lawyer would be to beg the judge at the last minute to let him withdraw as your lawyer. If judges in Washington are anything like judges here in California, they hate when a lawyer tries to do this and will do one of two things: either force the lawyer to try your case anyway or let them withdraw and give you several months to find another lawyer.

That said, I believe that if your lawyer thinks it is really important that you accept a settlement, you should discuss it with him in great detail. Maybe there are reasons that you do not know or understand. However, if he cannot convince you to take the deal- you can hold his feet to the fire and demand that he try your case.

I wish you good luck and I hope you get a fair measure of justice in your case.

Sincerely,

Rich deSaulles

You should ask your attorney. Make sure you understand what he or she answers to you.

Because you have a lawyer any further comment on the substance of the matter pending might be viewed as an improper and unethical invasion of the attorney-client relationship. (See Model Rule 4.2)

Good luck to you.

God bless.

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