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Need info about car accident settlement?


If my lawyer wants me to go to court for settlement from a car accident, and I decide I would rather settle out of court instead of going to numerous hearings, etc., can I still settle w/ the insurance of the person who hit me instead of going to court even though he has already started filing papers in court?

yes

A settlement can be reached at any time prior to the verdict being reached in a case. If you hired a lawyer you will still need to pay him a percentage if that is what you agreed upon when signing on with him.
He may want to go to court to protect your interests. A lawyer knows how much money they should receive in the case, and if the offer is a small one that is not in your best interests he will probably steer you towards court. Threatening to go to court versus settling is a tactic in some cases to get the other party to up their offer, it is a good tactic and if your lawyer believes in taking this further I would probably take his advice as you hired him to have your best interest at heart.
You may have to sit through a deposition and maybe have to show up to the trial, but most preliminary hearings don't require your presence.
The reason he is probably filing the papers is to show the other party that if they do not come up with a reasonable offer that action will follow. This is calling their bluff, they realize how serious you are about seeking fair compensation and will try to sweeten the pie so they don't have to go to trial either.
This probably will be settled, don't worry about the numerous hearings as you will not have to be directly involved in them, usually your attorney being present is enough for most of the minor hearings. Don't be intimidated, it sounds to me if your attorney is playing hardball to get the insurance company to settle for a fair amount.

yes, the lawyer must follow your wishes. He may try to talk you out of it, but in the end, he represents your interests and wishes.

You can settle out of court anyitime you want to, However, since you have retained an attorney, he will entitled to whatever amount you agreed upon when he took the case. If you had a specific agreement that you would only pay him a fixed amount if it was settled out of court, and you decided you do not want to go to court then he gets the amount you agreed on.

He cannot make you go to court. It is your case and you are paying him to represent you but all the final decisions are up to you. You make the decision even if he does not agree or
recommend it or like it. He is just enttitled to his fee that you agreed on.

Do not let him pressure you into doing anything you do not feel comfortable doing or that you feel may not be in your best interest.

I have worked around attorney all my life and they are out for the money. They will hope you get more out of a court settlement Howeveer, the juriors are not as sympathic about awarding a lot of money like they use to. Chances are your attorney will make less by your settling out of court.Beside he can tack on all kinds of friviouls so-called court fees as well as his acutal fee.

The rule of thumb as to what the insurance company will settle for is between two to three times the amount of your medicals bills and some expenses. You will probably not get anything for the depreciation of the value of your vehicle.

Please read and understand the agreement you made with your attorney in the beginning and stick to those terms. Do not let him try and charge you more by intimidating you. They know every trick in the book. But, just stick to your own instincts. Do not sign any of your rights away and make sure you get the check and then pay the attorney. Even though the attorney claims to represnt you, he is thinking of himself and how much he can earn.

Hope this helps some.

You can fire your attorney anytime you want. Tell him he is fired, to stop any work on your case, and to return your file materials. Unless there is an offer already made by the insurance company, the attorney is not entitled to anything. If an offer was made, he is entitled to his portion of it even if you fire him.

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