Should I switch lawyers?

Asked over 1 year ago - Tracy, CA

I was the pedestrian and was hit by 2 separate cars. The first one hit my leg which resulted in a spiral fracture. And the second impacted my face. The first cars insurance is $50,000 and the second car has $250,000 insurance plus a million dollar umbrella policy. Out of the second car, I'm only receiving $200,000 out of court. I feel that this is not enough compensation for my injuries. Should I settle outside of court or go to trial? I live in California.

Attorney answers (6)

  1. Andrew Daniel Myers

    Contributor Level 20

    13

    Lawyers agree

    Answered . Where you have many questions about your own case you need to have a sit down consultation with your own attorney to review your concerns and get a realistic view of trial options. A trial is not magic and the courthouse is not a cash drawer. It is hard work and there's no reason to reject your attorney without a full fair review of issues.

    Here is a general article on case valuation: [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  2. Manuel Alzamora Juarez

    Contributor Level 20

    11

    Lawyers agree

    Answered . Although I agree for the most part with my colleagues. You will never get to the umbrella policy unless you collect the full $250k from the second insurance company. I do not know what the extent of your damages are but if you have severe injuries or deformations or permanent scarring and whether there are future medicals still remaining, only your lawyer will be able to answer those questions. On your lawyer's defense, securing $200k is a sure thing, The other $50k is out in the air. It may or may not be granted if you fo to trial. There are too many factors that are unknown. For instance, your wage loss. Your permanent disability, your profession. If you were an actor, this case would be worth the whole million or more. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You are free to switch lawyers at any time. If you switch, you can find a lawyer with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Karen H Beyea-Schroeder

    Contributor Level 6

    10

    Lawyers agree

    Answered . I believe you need to have a sit down with your attorney and ask why he/she is recommending that you take the money. Your attorney will go through all of the pros and cons of your case and his/her logic in why such a recommendation is being made. Agreement to a settlement is the client's decision, but the attorney can explain his/her recommendation and rationale for such recommendation. Then you can decide about the settlement and what the attorney intends to do if you do not want to accept the offer.
    Going to trial always has risk. Nothing is ever guaranteed with a trial and you may walk away with nothing if a trial is commenced.

  5. Barry Regar

    Pro

    Contributor Level 9

    7

    Lawyers agree

    Answered . You have asked a question that is honestly impossible for any experienced personal injury lawyer to answer with any degree of certainty. As noted by some who provided you with good advice, you have omitted important facts that are required to analyze your dilemma. Is your lawyer highly rated by AVVO? Is your lawyer rated AV by Martindale-Hubbell which is the most prestigious attorney rating publication in the United States? Do you have residual pain and or disability from your injuries? Are your doctors advising you that you will need future treatment? Has your medical bills been paid by private insurance or Medical or Medicare? Have you lost income and will you lose income in the future? Have you returned to full activity including recreational activities?
    Why are you asking a forum what you should do without having a discussion with your lawyer about your concerns? Is the liability clear as to who was totally at fault for the accident? There are outstanding personal injury lawyers in the Bay Area and perhaps you have hired one for your case. I don’t know what the amount of the contingency fee you are contracted to pay in your case; but you shouldn’t change lawyers just because an out of state lawyer on AVVO says you should pay no more than 30%. The usual and customary fee for your case based on your facts will most often exceed 30% especially if your case goes to trial. I hope these AVVO comments help you understand that you have the control of your situation; but also have some responsibility to do your research and have a full and open discussion with your lawyer.

  6. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . You may call me for a free consultation to discuss the issues involved in your case at 800-816-1529 x.1.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more

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