I think my lawyer is trying to make me settle for an amount I think is too low, how do I know?

I was in a car accident(not my fault). My lawyer received an offer of 25,000 (he takes 10,000). My accident was pretty severe, I lost consciousness, had surgical staples in my skull, hurt my knee, broke my collar bone. I feel this offer is very low. I know people that get 2x or 3x for less serious injuries. My lawyer told me thats it and he would not do anything else with the case. This is the first offer. If I go to another lawyer does my current lawyer take a cut too? Also my insurance company has paid all my medical costs not the person that was at fault.

You can fire your attorney, but your attorney's contract will still apply in the way it was worded. You can hire a second attorney to work with your first attorney, and your expenses will grow accordingly!

MOST attorneys have a "retainer fee". It is an estimate of the basic cost of representation, but it is not limited to covering the maximum of the entire cost of your case. In other words, it is an estimate, and you can be charged more.

You mention the $10,000 fee out of the $25,000 first offer settlement. I agree with you, that $25,000 seems awfully low, there might be following medical bills that occur after due to your head and knee injuries. If you signed a "contingency" agreement, which I imagine you probably did wherein the fees are due if you win, then, you are doubly hooked to the attorney who may demand full payment if you cancel him.

The trouble with the dishonest legal system we have is that it is a scam! You cannot even sue your attorney if your attorney blatantly misrepresents you and gets you in trouble even if you are the victim! Further, there is no legal penalty for a lawyer or judge lying in court, which is why I refuse to be in a jury. There is no "justice" in the legal system.

This is really an unlikely recourse, but why don't you ask a legal aid lawyer what you should do? I do not know what else to say, even though I am a member of the A.C.L.U. I doubt that you would get any help from the A.C.L.U. on this!

Good luck guy!

If your insurance company wants to indemnify itself against the person who caused the accident, then they can do so.

One of the reasons you hire an attorney is because this person knows more about the law and about the likely arc of your case than you do. The settlement is purely for pain and suffering, and the results of these cases can vary tremendously depending on the circumstances of the accident. If you think the offer is too low, then you should feel free to bring your documents to another personal injury lawyer for a consultation.

First of all, the atty fees seem to me to be very high for a first offer. If you signed a contract it is too late to change, but check with the state bar. Oftentimes the bar assoc has contingency fee guidelines. He is taking 40% when the standard is 33%.

Second, what is first offered depends on what your injuries are and what the defendant's insurance coverage is for that defendant. If the insurance provides for $25,000, then the insurance has offered the limits of their liability. Your attorney is just recognizing the fact that the defendant likely has no additional assets that you can get and the most you can get is the $25k.

However, you can and should talk to your atty about getting an excess judgment. If you do that, you get the $25k (less atty fees & costs) now, and you have a judgment on which to garnish their bank account on a regular basis at a later time.

Depending on your coverage, you probably either have medpay or pip. You must have pretty high coverage since these coverages have limits too.

Unfortunately, you might get better representation by shopping around at a lesser fee, but your attorney still has an interest in your case, so you are probably stuck with him. Again, check with your state bar regarding the limits of contingency fee contracts.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

To be honest, there are a lot of people who have "hurt there knees, lost consciousness, had staples/stitches, and broke a collar bone" and they do not get that much money. To me, it was not that serious. You could have been hurt A LOT more than you were.

I think the offer is good. You do not mention being out any money. Plus, you indicated your insurance paid for everything. How much are you wanting? Sounds to me like you are money hungry.