Trial is a difficult proposition, especially in a fall case. However, you are the boss! If your lawyer has given you advice to settle, you decide whether to accept that advice or not. If your lawyer won't try your case, ask for your file and go to a trial lawyer who will push through to trial. If a second lawyer, who looks at all the facts and circumstances tells you the same thing, however, you may just be hearing truth you don't like.
Remember, not all lawyers who represent injury victims have the same skills. Some lawyers NEVER try cases. On the other hand, sometimes a settlement is the right answer, even though it seems low. You will never get enough money to Justify getting hurt. Your lawyer should try to get you as much as possible, but not risk getting less if there is not a significant chance of getting more.
While we hope this information is helpful and informative, it should not be considered a substitute for legal advice. The choice of a lawyer is an important decision and should not be based solely on advertisements. Please contact us for a free consultation on your injury claim - there is never a fee unless we collect money for you.
You filed this question under the WC area perhaps you meant to file this as a personal injury question. As the other lawyer says, you can always take this to another lawyer but you should ask for a meeting with your lawyer to find out why he won't take it to court.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
I agree with Mr. Farris.
Some of your issues may be resolved by having a candid conversation with your current attorney. Your attorney likely has specific reasons why he believes you should take the settlement, but it sounds like those reasons have not been explained to you. Unfortunately, this is not a unique problem.
I would suggest that you ask for a face to face meeting with your attorney, and have him or her explain the pros and cons of settlement vs. trial. Ask him to explain why he is reluctant to take your case to trial. Ask him to explain all the evidence which would be presented on you behalf at trial, and have him explain which evidence could cause problems at trial. Ask your attorney to explain why he is not willing to try your case. Ask why the settlement offer is a fair resolution, in light of the risks that may be present at trial.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Wells is licensed to practice law in Missouri. 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. Wells strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
The other lawyers who have answered are right on the money. I would add the following:
Ask yourself, "Why do I want to go to trial?"
Is it because you want more money?
Is it because you want Walgreen's to be punished?
Is it because you want Walgreen's to say they are sorry?
Is it because you want to be "heard" by the judge?
Consider that going to trial is time consuming and costly. Ask your lawyer what the costs will be. Be prepared to advance those costs to demonstrate that you are serious about going to trial.
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. 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.
Your attorney is suggesting that he will not continue to represent you if
you wish to proceed to trial. If he/she withdraws, you will need to find
another lawyer. The first lawyer will assert a lien against your case for
the work he/she has already done and for the money already spent on the
The choice of an attorney is an important decision and should not be based on advertisements alone. This response does not create an attorney-client relationship; and this answer does not constitute legal advice. You must discuss the specific facts of your case in detail with an attorney.
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