Settlement Offer

Asked about 2 years ago - Chino Hills, CA

My attorney received the settlement offer after car accident I told her that I will think about it. Can attorney without my signature accept the offer? How much time do I have to think? How does it work???

Attorney answers (8)

  1. Donald Steven Sjaarda

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . Your attorney is obligated to notify you of any settlement offers and how the proceeds would be distributed if you were to accept it. This is a good time to discuss the strengths and weaknesses of the case with your attorney and to develop a plan for further negotiations or preparation for trial. Your attorney should discuss the current and anticipated future costs and the potential for a settlement or judgment above the current offer. The final decision to accept or reject any settlement offer is yours to make.

    This response applies only to California law, is not intended to be legal advice to any individual and does not... more
  2. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . The attorney had better not accept without your blessing!

    Discuss your concerns WITH YOUR LAWYER! None of us on this board want to second guess what is going on there!!

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Max Draitser

    Contributor Level 10

    3

    Lawyers agree

    Answered . No. Meet with your attorney to discuss the offer.

  4. Sheldon S Saints

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . These are good questions...that you should be asking your attorney. That's why you retained her to represent you. That said, your attorney will not settle without your authorization. How much time you have depends on some factors such as whether you have a statute of limitations approaching, or a trial or hearing coming up, etc. Your attorney may be in the process of continued negotiations. Please contact your attorney, ask your questions and discuss your expectations and hers regarding the value of the case. Good luck!

    General answers to legal questions such as this should not be construed as legal advice. Please consult with an... more
  5. Steven Mark Sweat

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . You should discuss this with your attorney.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  6. Thomas Henry Schelly

    Contributor Level 2

    2

    Lawyers agree

    Answered . Your attorney cannot accept a settlement without your consent. Granted, you can give your attorney authority in advance, but if you haven't done so, the attorney must obtain your approval. How much time you have to think about it depends on the nature of the settlement. If it was made pursuant to Civil Procedure code 998, you have a limited time. Same if the offer itself contains a time limit. Otherwise, there is no real time limit, but the longer you wait, the more the chance the other side might take back the offer.

  7. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to schedule an immediate appointment with your attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  8. Jason Paul Roth

    Contributor Level 2

    3

    Lawyers agree

    Answered . Your attorney certainly should NOT accept any offer without your prior approval. This is your claim or case, and you are the ultimate decision maker. As for how much time, it depends on whether the offer contained a "time limit." You should discuss the offer and whether there is any time limitation with your lawyer.

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