Justice Please?

[cjewell]

What is the name of your state? virginia

brief history:
i .was rear-ended in an auto accident almost 2 yrs. ago and and my lawyer is asking if i want to settle. issue is, if i settle i will be comming out of pocket w/ money. doesn't seem just, considering i was not at fault.

issue(s) w/ lawyer and case:

i have not once spoken with any attorney. Only paralegal(s), and assistants. no advice has been given, only questions as to what i want to do. person(s) spoken to say they cannot give advice but the lawyer wants to know what i want to do.

demand letter / packet very poorly submitted to adjuster. examples below:
1. never did sign demand letter to be sent out insurance adjuster as prepared.
2. incorrect information as to what was injured. have added body parts that were not injured in accident.
3. incorrect information as to limitations and work restrictions. (state that i must lift heavy objects, stand on feet for long periods, work in tight areas etc.... none of this being true, i am a professional that works at my desk for the most part.
4. Missing medical treatments from doctors – leaving gaps within treatment periods.
5. Several incomplete sentences throughout demand letter / packet, (to the extent that the sentence just stops without making sense).

my question is:

what should i do? i feel this firm has misrepresented me and my case and i should not owe them anything. should i fire them and file a civil malpractice action? all i want is competence and fairness. me comming out of pocket with $$ doesn't seem fair!!

thanks in advance

 

[ellencee]

Tell your attorney the amount for which you will settle and settle. If you change attorneys, you will owe this one for his or her services and you then owe another attorney.
After two years, it's time to settle. And, since you do not have those injuries or limitations, you don't stand to collect much above medical bills, etc.

Oh--and sometimes, the client does end up paying for medical or health treatments that exceed what is actually indicated by the injuries received in the accident. Clients also end up paying money when the insurance of the at fault driver is not sufficient to pay all medical costs, time lost from work, etc.