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Defendant's ins co. fired atty's and now hired another atty to represent defendant on my time. What's wrong with this picture?

New York, NY |

I was hit from behind and I injured my neck. I saw my personal doc same day ax occurred. Doc referred me to a chiropractor whom I saw for near a year before realizing I was not progressing and I got an attorney after realizing my pain wasn't going away. Then after seeing a physiatrist & physical therapist I consulted a neurosurgeon who did ACDF surgery. I am still in pain since the surgery and also tried injection procedures with min relief. The other driver was determined 100% legally liable. The newest attorney has since made a low ball offer. I don't know whether to accept this offer or wait for trial as I am in debt now for using credit cards and my savings to stay afloat while waiting for a fair settlement. Of course my attorney says wait to go to trial. What do I do?

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Attorney answers 10


Is there any reason that you should not follow your attorney's advice? He/she is in the best position to advise you the best way to proceed. It sounds like your injuries are quite significant and it is better to have an attorney that is willing to go to trial as opposed to one that wants to fold like a cheap suit.



I'm inclined to think that way, but after talking with my lawyer he himself says there is no guarantee that the jury will understand the degree of my injuries or find in my favor. Do I take comfort in knowing that the jury is unpredicatable? I am in a situation where i did absolutely nothing but get hit and hurt. How is it that I am the only one here who stands to lose as far as being injured personally, financially and in my future?


I would need to know much more about your case to give an informed opinion. Absent some compelling reason, I would trust the judgment of your current attorney.

PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * * * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *


You really need to trust in the judgment of your present attorney unless you have a very good reason not to. Defense attorneys are paid to fight hard to demonstrate that your case has little or no value. You may be dealing with an insurer that is willing to take your case all the way to verdict because it is in the carrier's interest to do so.

Sit down with your present attorney and go over your options. If you believe that you have a case that is worthy to take to verdict and your attorney agrees, then follow your attorney's advice.

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


Follow your attorney's advice.


Carriers sometimes change lawyers when they are nervous or see large financial exposure or think the first lawyer wasn't doing a good job. Your case has significant value if you can show serious injury as defined by the Insurance Law.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


Since you already have an attorney they are in the best position to advise you. They know the most about your case and that is why you hired them.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


By stating you consider the offer to be "low ball" you are really answering your own question. Listen to your attorney. I'm sure he/she is looking out for your best interests.

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.


I suggest you take the counsel of your attorney, who is in the very best position to advise you on the facts of your case. It is amazing sometimes how offers will increase as a trial date approaches. Speak with your attorney.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


Bottom line...If you trust your attorney, listen to him. If not, get a new lawyer


If there is sufficient insurance coverage and the case is strong you should hold out. Insurance companies. Hope you will give in to financial pressures and settle your case for less than it is worth. Understand the upside value of your case and the positives and the negatives to make an educated decision.

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