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If I fire my attorney can I negotiate with the claims adjuster myself?
Anonymous9 views10 answers
I was in an accident last year where a man pulled out in front of me; my car was totaled which that aspect is taken care of but I have medical bills from minor injuries. We hired a lawyer who insisted I continue to see a doctor which racked up more debt. Now he gives us a number for a settlement that we don't really agree with but feel we are at the point we have to take it. Now he is not responding to emails or calls when I have asked repeatedly to get in contact with us so we know how to proceed.
Negotiating for yourself is a bad idea and will not extinguish your attorney's claim for a fee on any money you recover. Get a second opinion from another experienced personal injury attorney to see if it would be worthwhile switching attorneys.
Your attorney will receive a fee and the insurance company will not issue a check without the attorney's name on it. It sounds like your are at the end of your case so let your attorney negotiate. Communication is a different story. He has an obligation to discuss the claim with you as the case cannot get settled without your consent. Keep trying.
Sure you can discharge your lawyer and handle the case yourself from this point on. I am sure you know you will not be able to get a better settlement offer than what your attorney secured. If you think you will be able to accept that amount offered and essentially make it higher by not paying the attorney fee, that will not work. Your attorney will be entitled to the fee on the amount offered to date and if not, on the time he put into the claim.
I suggest you either get a new lawyer to pursue the claim further or sit down with you attorney to discuss the claim. When you call the office just ask for an appointment date or tell them when you will come down with to the office if you are not satisfied that they are giving you an appointment date.
You can fire your lawyer any time, however if you fire him after you have received an offer he will be entitled to his regular fee unless you feel he shouldn't receive it and in that case I would file a grievance with the Bar Association but make sure your new lawyer keeps the contested fee in trust until the resolution of your grievance, good luck
Sure, but it doesn't mean you won't get tagged for attorney fees. You don't have to take anything. Who knows, maybe the attorney will get rid if you. An attorney will do a better jib negotiating a settlement than you but, on the other hand, your attorney shouldn't be ignoring you.
You should request an in-person meeting with your attorney and discuss your concerns. Your case cannot be settled unless you have given your attorney authority to do so. If you end the attorney-client relationship, the attorney may still be entitled to some compensation for work already completed and reimbursement for costs incurred. I would not recommend negotiating with the claims adjuster directly.
