It has been one year since my accident, my doctors want me to have another year of treatment, as I had a brain injury, and my lawyer is pushing to get my case settled. Why is he doing this? It makes me feel uncomfortable.
David Michael GottfriedImmigration AttorneyNew York, NY ·
Without knowing the facts of the case, its impossible for anyone to give you a definitive answer. If you do not like your lawyer or you do not want to settle, tell them, if they do not agree find another lawyer. Perhaps though, your treatment has plateaued and so more of the same treatment wont make any difference in the value of your case.
Have you asked your attorney? There may be a legitimate reason. Any answer here would be purely speculative. I would suggest a sit down with your lawyer. If at that point you are still uncomfortable, you always have the option of another opinion.
No one can know what your lawyer is thinking. Ask for a meeting with your lawyer. In the end, the lawyer cannot make you settle if you don't to and you are always free to change lawyers if you are not happy.
Your lawyer is in the best position to answer your questions. If you are still treating, unless there is something unusual with your case, it is not common to settle a case while you are still treating and without know the nature and extent of any permanent damages you have.
Gregory Scott GennarelliPersonal Injury LawyerMineola, NY ·
Without knowing more, it is tough to say. There may be a good reason, or no reason. Perhaps there is limited coverage and the defendant has no assets so you will never receive a higher offer from an insurance company. Perhaps that's not the case. More information would be helpful. I will say that, generally, if I had a client who needed at least a years worth of additional treatment for a brain injury (physical, occupational, cognitive, speech, etc.), for an accident that happened just a year ago, I would be in no rush to settle the case and would never push a client to do so. Indeed, the "value" of your case could increase as time goes on. For argument's sake, assume your case has to go to trial. Is it worth more after a year of treatment, or several years worth of treatment that your doctors have decided is medically necessary? It may be, or it may not be, but at least it shows the severity of your injury and that you we striving to improve. Conversely, if you stopped treating after a year, the insurance company would argue that you are better since you weren't treating and your injury is not worth as much even if that wasn't the case.
Every case is fact specific and many factors go into determining when to settle a personal injury case and for how much. Who knows what will develop during your next year of treatment. Hopefully you will improve, but maybe you won't. Is your injury permanent? It appears that your doctors believe it is medically necessary for your to continue to undergo extensive treatment so speak to your doctor. Then, speak to your attorney and ask the reasoning for his desire for you to settle now. Remember, the attorney works for you. While we as attorneys can guide you, the decision to settle or not to settle is ultimately yours. If you are uncomfortable with your attorney, perhaps that is not the right attorney for you. Different people have different personalities. At the end of the day, while the attorney likely has many cases, you only have one and you have to do what is right for you. Good luck.
Lawrence A. WilsonPersonal Injury LawyerNew York, NYNY licensed ·
i agree that you should speak with your lawyer and find out what he has to say regarding why he is pushing settlement. The great thing about being a client in New York is if you are not happy with your lawyer you can hire another and the fee is going to remain the same, whether you have one lawyer or ten lawyers, they have to split the fee between themselves. The issue sometime becomes if your trying to get a third or fourth lawyer to step into the case they may not want to take a diluted fee, and become skeptical of becoming involved in a case if you have gone through a number of lawyers. One reason the lawyer may be suggesting you settle is because the defendant(s) may have offered up their policy or something close to it. You really need to speak with your current counsel regarding "why he is doing this" and then see if you want to seek a second opinion from another lawyer.
Dear asker,
No one but you has the right to decide whether to settle a case, and YOUR LAWYER KNOWS THIS. He might be putting on pressure to settle because of any of a variety of factors.
1. It could be that he has seen 10,000 identical cases and the settlement seems reasonable.
2. It could be that he feels your waiting will not produce a higher settlement offer.
3. It could be that he is worried that if this goes to trial, you will get less than the settlement amount (or nothing at all), IN ADDITION to the cost of the litigation.
Bottom line is that you need to have a heart-to-heart with your attorney. It isn't our place to interfere. If, after a consultation with your attorney, you are still uncomfortable with settling, then you can either tell the attorney not to settle, or you can seek new representation (although at this late stage in the game, the trial date is already on the calendar, and it could get messy).
Your discomfort is appropriate. It is not, however, something that should prevent you from speaking frankly with your attorney. You might find that your attorney has great reasons once you ask him or her about it.