Skip to main content

Auto accident case Question

New York, NY |

My attorney brought a law suit on the insurance carrier of the driver that hit my car on injuries I sustained. But now, after a year, my attorney is withdrawing from the case.

1) How long do I have to get a new attorney.
2) Can I --in the interim--contact the insurance attorney on my own, and try to settle the case stating my full willingness and intent to follwo up the case to the end using another attorney; but as an interim settlement demand to end it now before it gets to that stage?

Thank you

+ Read More

Attorney answers 10

Best Answer
Posted

I agree with Mr. Adams. Your interim option should be your last resort. Consult with an attorney first and then decide your course of action.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

Asker

Posted

Thank you for your and Mr Adams' replies. Yes, I am looking for a new attorney and 2 have shown interest in the case. But my thought was before the new attorney takes on officially, I could approach the insurance attorney and try to settle the case in return for my withdrawing my lawsuit. I was thinking it will be less money and time for them to settle the case now, rather go through depositions, arbitration, trial, etc. I will get a lesser settlement amount, but if I get a new attorney and he gets a higher settlement, more than what I could get myself, I will have to pay 33% to the new attorney. So, I will end up receiving the same or even lower at the end. Where is the fly in the ointment in my logic?

Posted

If there is a court order regarding the withdrawal it will contain a time frame, if not then you have until your statute of limitations would expire. You may contact the insurance carrier, but if you are going to get a new attorney - and you almost always should - then don't. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Asker

Posted

Thank you for your reply. Yes, I am looking for a new attorney and 2 have shown interest in the case. But my thought was before the new attorney takes on officially, I could approach the insurance attorney and try to settle the case in return for my withdrawing my lawsuit. I was thinking it will be less money and time for them to settle the case now, rather go through depositions, arbitration, trial, etc. I will get a lesser settlement amount, but if I get a new attorney and he gets a higher settlement, more than what I could get myself, I will have to pay 33% to the new attorney. So, I will end up receiving the same or even lower at the end. Where is the fly in the ointment in my logic?

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

No flaw, in fact many people share this view. Part of the reason for this logic is that the insurance companies fuel this logic. The reason being obvious to those of us, on either side, who know the business- most people fair far better off with an attorney. Regardless, of your decision I wish you well.

Posted

Technically, you don’t need an attorney. If you don’t have one you will likely not get a recovery. Get a new lawyer right away. Ask the court that proceedings be stayed until you have a new lawyer in the case. The other side may try to sandbag you and proceed in a way to use your legal ignorance against you. Write to the judge ask for time to get a new lawyer and get a new lawyer right away.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Michael J Palumbo

Michael J Palumbo

Posted

That's not how it works in NY as an attorney cannot merely "drop" a personal injury lawsuit once they purchase an index number but must move to be relieved. Most likely the attorney worked it up, tried to settle, the insurance company declined, and the lawyer decided there was no case before suit. In NY you have to be very careful of what you put in suit you can get bogged down for years with bad cases you are stuck litigating.

Posted

Yes. I suggest you hire an attorney without delay. You may contact me directly at 347 612-6677. Consultation is free.

Posted

The only thing I'd add at this point is to check with your ex-attorney and/or the adverse insurance company to see if the ex-attorney filed a lien against the case. You'll need to know this to determine what the bottom line is to you should you settle the case. This number will be added to the amounts owed to medical providers and/or insurance companies that paid for your bills and/or wage loss that have a right to recover those amounts by subrogation.

Hope this helps.

/s Donald Kudler
http://www.capandkudler.com

This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.

Asker

Posted

Yes, thanks for your reply Mr. Kudler. The ex-attorney indicated to me on the phone before the withdrawal that there will be no liens placed on the case from them. He did say, however, that they ask that I pay the cost of the medical records ordering if the case gets settled in the future with another attorney(but he added he is not worried about that cost anyway.) But that's a good point though thank you.

Posted

Get a new lawyer. The insurance company is very unlikely to treat you fairly and knows that someone without a lawyer is someone without a lot of options. I repeat... get a new lawyer.

Posted

Your lawyer is likely withdrawing because likely you have no case. You need 2 things for a personal injury lawsuit - liability and a minimum quantum of provable injuries, called "damages." Without those 2 prongs, putting a case in suit would be a waste of time. That another lawyer dropped a case is a red flag to the next lawyer to stay away. Since your lawyer dropped the case you can contact the insurance company pro se and see about settling.

Posted

I believe New York State has an injury threshold requirement and in this instance you should defer to the New York attorneys advice.

http://www.phillyinjurylawyer.com/

Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103 http://www.phillyinjurylawyer.com/

Joel Jay Kofsky

Joel Jay Kofsky

Posted

Please note if you are trying to reach our office the new domain is http://www.phillyaccidentlawyer.com

Posted

I agree with the other attorney

If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted BEST LAWYER five years in a row and has represented clients all over the United States. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com

Posted

Mr. Palumbo is a very honest man. You have to appreciate that, too. Not every attorney will tell you what he did. However, to temper that a bit, I think you should try several other attorneys before concluding that your case is bad. The LAST thing you want to do is to handle this without an attorney. Lawyers do drop clients for a variety of reasons (though Mr. Palumbo's is VERY common). For example, lawyers drop clients because of client-staff conflicts. This doesn't mean that your attorney was mad at you, or thought you did something wrong. He may just believe that another firm might be better for you in light of counterproductive conflict (personality, the time your require, etc.). Also, it's possible that your attorney missed something about your case, and that another attorney will not. From time to time, our firm takes in a client that has been turned away by another attorney that was mistaken about an important part of his/her case. As to the "how long" question, the answer is "yesterday." Don't wait a second before looking.

Asker

Posted

Hi Ms. Moya, thank you for your helpful answer. I appreciate it, as I appreciated Mr Palumbo's honest answer as well. I will be looking for a new attorney as I just want this to be concluded and over. It is draining my energy that I don't have. Thanks again.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer