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Should I change my lawyer or take the offer?

New York, NY |

I had an auto accident, and almost 100% opponent's fault. My lawyer got offer from insurance company recently. I said to my lawyer that I would take the offer from insurance company at first, but then I changed my mind because I thought offer is too low compare to other shoulder surgery cases.
My lawyer yelled at me because I did not take the offer from insurance company. Maybe, he already spoke with insurance company that he would take the offer. My lawyer even said that he will give $2500 from out of his pocket if I take that offer. However, luckily, I did not sign any settlement documents. I feel something going wrong here. I am a 24 years old college student. I had left shoulder rotatory cuff surgery, and I feel settlement is too low. Should I change my lawyer? offer was $35000

Attorney Answers 9


  1. I just had left rotator cuff surgery myself. If you are not comfortable with your lawyer, get a new one. Best bet is to get one with a low fee, less than 30%, so you don't get hurt twice.


  2. You are already represented, so this is a difficult question. Rotator cuff can be a painful injury, however, there are many factors that go into a decision to accept or reject a settlement. Some factors are liability, jurisdiction, and costs of litigation. Talk to your attorney further about the case, he is the expert. Then only you can decide what is your best course. Good Luck!


  3. Unfortunately, it's difficult to answer your question without knowing more details, such as what County the lawsuit was brought in, who the insurance carrier is and the extent that your injury has been determined to be permanent. New York has a "serious injury" threshold - check out NY Insurance Law Section 5102(d) - so it's also important to determine if you clearly - or arguably - meet one of those criteria. Regardless, your lawyer should never yell at you. He works for you.


  4. Speak with a local PI lawyer to get another opinion.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. Get a second opinion from another lawyer, I'm happy to help.


  6. Every single injury case is unique, with their own sets of contributing and mitigating factors. Why some other folks may have received more compensation because of the same injury is dependent on a great many variables. I would suggest that you not compare your case to anyone else's. However, you do have the right to seek a second opinion about your case.

    This post is for informational purposes only. The above information is not to be construed as legal advice.


  7. You should contact a local personal injury attorney. Without knowing the parameters of the insurance policy, the facts of the case, and the jurisdiction, it is impossible to determine whether this settlement offer is reasonable. You are always free to speak to attorney who can provide you guidance.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not guarantee a similar outcome.


  8. Even without knowing how badly injured you are, any attorney who tried you to get you to accept a settlement by offering you cash should be fire d by you immediately. Consult with another experienced, successful, and ethical personal injury attorney and have your new attorney deal with terminating your current attorney. It's a simple process. I wish you all the best and urge you to act now!


  9. Your statement that the lawyer offered $2,500 out of his own pocket needs clarifying. If the lawyer offered to reduce his fee by $2,500, there is nothing strange about that. Sometimes good lawyers reduce their fee so they are not taking a bigger fee than the client nets.

    As other have pointed out, there is simply no way for any lawyer to give you a "value" on your case after you write a few sentences.

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