I think I was a victim of a double crossing deal that has left me on the short end of the stick and stuck with spinal injuries for the rest of my life. My lawyers told me that my case would go to trial, I was advised to state that no matter what offer the defense made (1st Depo offer was 5 mill) state "I would rather my case go before a trial jury" but at the last depostion they pulled a 180 degree turn and changed everything leaving me hanging and defenseless and double crossed, HELP!!! At the last depo they(MY LAWYERS) started saying that I would lose the case. HOW IN THE HELL YOU LOSE A CASE WHEN YOU BEEN SMASHED IN THE BACK WHILE SITTING IN A VEHICLE AT A RED LIGHT AT 5:45am??? I am diabetic, 32yrs old...28@ the time of injury and my whole life has changed.
I have handled hundreds, if not thousands, of cases and claims and in 19 years, I have never been approached by an attorney on the Plaintiff side seeking to cut any sort of underhanded deal. I can't state that it never happens but it would be highly unlikely since your attorney would be leaving himself open for a grievance and a malpractice case. If you have not already sat down with your attorney and asked for an explanation about the change in the evaluation of the case and why the case turned out like it did, I think you should ask to do so. If the relationship with that attorney has deteriorated to the point you don't think he would respond, you could always seek the advice of a legal malpractice attorney who may be able to evaluate the situation for you.
I agree with what the other two attorneys have stated. In all my experience handling jury trials in personal injury cases, I can honestly tell you that it is not an exact science. Plaintiffs who have valid claims may be impacted by other factors that make a huge difference in the valuation of those injuries, even in otherwise similar cases. Perhaps your attorneys learned something at the depositions that adversely impacted the value of your claims. Regardless, I can also tell you that "lifetime medical" is not a possibility in Texas. It does not exist, except in the workers compensation context. In order to have your case more fully evaluated and explained to you, you should first ask the questions of the attorney who represented you. If still not satisfied, you should get a copy of your file, and take it to another personal injury attorney for a second opinion. Be prepared to pay for this service, however.
I have to agree with attorney Wray, and I've been a personal injury attorney for 20 years. No defense attorney or insurance company has ever approached me about doing some type of a hidden deal outside of the above the board, direct, open settlement. Ever. In addition, remember that your personal injury attorney is paid a percentage, and so it is in the attorney's interest to settle (or try) the case for as much as possible to increase his or her own financial payout.
There have to be other factors behind the settlement that clearly go beyond a summary posting and answer format like this. One general factor is that the anti-attorney bias in the U.S.A. has gotten so far out of control at this time that juries are not doing anyone any favors now. A study was done several years ago of many jury trials and the final finding was that more often than not, people who go to trial often get less than the offer that was on the table before the trial.
I like to try cases. I try cases. But not to the detriment of my client, and if there is an offer on the table I require that my client sign an acknowledgment that they understand they may get less if we go to trial.
This answer is provided for informational purposes. True legal advice can only be given in an office consultation from an attorney in your jurisdiction who is experienced in the area of the law in which your concern lies
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