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cmg222

Junior Member
Florida. I was involved in an accident where i was standing still and was hit by someone that lost controll of his vehicle while text messaging with someone while driving. the driver admitted total responsibility to police and his insurance company. I suffered 3 herniated discs in my neck. I hired an attorney and he is negotiating with the ins. co.. mind you I signed a standard contingency agreement with the attty. the figure that was offered basically doesnt even cover my chiropractor, ER, MRI bills much less anything for pain and suffering, If II feel that the attorney is not working well for me, what are my options taking into considderation his right to put a lein if i get someone else to represent me, he already frowned upon taking this to court for a better settlement. any ideas?
 


ecmst12

Senior Member
Florida is a no-fault state so your insurance should have covered the bills. What is the reason for the low offer? If it's because the person who hit you doesn't have enough coverage, your options are going to be limited and a different lawyer isn't going to help you.
 

Dave1952

Senior Member
These contingency cases mean that his pay check is determined by the size of the settlement. So it's hard to believe that he's not going after the bucks.
It does sound as if you've had fairly severe injury and you may be maxing out the other drivers insurance coverage. If the other driver is poor and his insurance is maxed out there's not much point in going to court.
On the other hand, if the lawyer is having trouble with his marriage and has taken up alcohol as a serious hobby that would also explain the results that you are seeing.
We have no way of choosing among the many hypothetical scenarios so what's your take? Have you expressed your concerns and listened carefully to his answers? Have you lost faith in his honesty and ability to represent you?
You do have the right to fire him and get another attorney. Before you do that re-read your agreement. Will he wait for a settlement before he expects payment? To fire him you should tell him "I'm firing you. Please prepare a bill and send a copy of my case file to my new lawyer, XXX esq. My attorney may call you after he has read my case for clarification. I do expect to be billed for those phone calls."
Understand that changing your attorney may mean that you will receive less from the settlement. You are gambling that the new attorney will be able to recover enough more cash to offset the expense of the new attorney.

Good luck
 

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