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Fishy

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faery999

Junior Member
What is the name of your state (only U.S. law)? Indiana

We obtained a well known law firm in June of 2014 after an incident happened with negligence by paramedics with our daughter. After a year we told our lawyers that any all testing was done, my daughter is ok. They were supposed to get her release from the doctor. In September we come to find out they never got her release and doing it after we only inquired about the case. The new lawyer on our case said he was talking to the town over the phone going back and forth and needed to file a document for release of their records. When we talked to him he never seemed to give a clear answer. In January, he calls us in to tell us they made an offer a few thousand less than 5000. And that since she was ok they were taking her out of the equation and going only by my husbands and mine pain and suffering. He seemed to think the most we can get is only about 7000 more than their offer. We were completely set aback. We were debating with our lawyer and he finally agreed to make a counter which we still thought was to low. A month goes by we hear nothing. We call and about a week later he calls us in and tells us the highest the town will go is what he suspected. He then tells us if we don't take the offer they can no longer represent us. Won't take it to trial because it isn't economical enough. Being the deadline only being a couple months, all the turmoil we've been through and just wanting a resolution we agree. He has us only sign this one paper that said in one paragraph he can accept that amount for us. No other papers or written settlement offers or counter offers were never presented or signed. He says it should take no longer than 30 days at the most. Well, 34 days goes by and no word, so we call. He tells us that the judge won't sign off unless a nice portion is signed in a trust for my daughter. Now, we are completely happy to do this being she was the reason for the case, but according to my lwyer and town lawyer she no longer was an equation. So, obviously the judge feels she still is and something isn't right. He then says he's going to try get a prorate lawyer to word it differently. We told him not going any farther with this till I speak to a senior. Called and left messages for the seniors and not one returned my call yet. I called the court and nothing has been filed under our names. Also, when we had that meeting in January we asked if we could mediate with the town and he said that was not legally possible. So advice please.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Indiana

We obtained a well known law firm in June of 2014 after an incident happened with negligence by paramedics with our daughter. After a year we told our lawyers that any all testing was done, my daughter is ok. They were supposed to get her release from the doctor. In September we come to find out they never got her release and doing it after we only inquired about the case. The new lawyer on our case said he was talking to the town over the phone going back and forth and needed to file a document for release of their records. When we talked to him he never seemed to give a clear answer. In January, he calls us in to tell us they made an offer a few thousand less than 5000. And that since she was ok they were taking her out of the equation and going only by my husbands and mine pain and suffering. He seemed to think the most we can get is only about 7000 more than their offer. We were completely set aback. We were debating with our lawyer and he finally agreed to make a counter which we still thought was to low. A month goes by we hear nothing. We call and about a week later he calls us in and tells us the highest the town will go is what he suspected. He then tells us if we don't take the offer they can no longer represent us. Won't take it to trial because it isn't economical enough. Being the deadline only being a couple months, all the turmoil we've been through and just wanting a resolution we agree. He has us only sign this one paper that said in one paragraph he can accept that amount for us. No other papers or written settlement offers or counter offers were never presented or signed. He says it should take no longer than 30 days at the most. Well, 34 days goes by and no word, so we call. He tells us that the judge won't sign off unless a nice portion is signed in a trust for my daughter. Now, we are completely happy to do this being she was the reason for the case, but according to my lwyer and town lawyer she no longer was an equation. So, obviously the judge feels she still is and something isn't right. He then says he's going to try get a prorate lawyer to word it differently. We told him not going any farther with this till I speak to a senior. Called and left messages for the seniors and not one returned my call yet. I called the court and nothing has been filed under our names. Also, when we had that meeting in January we asked if we could mediate with the town and he said that was not legally possible. So advice please.
It appears the problem is that you have told your attorney you are not going any further with the settlement until you can talk to one of the senior members of the firm.

You could discuss with another attorney in your area all that has gone on with the negligence case since you first contacted the law firm, if you do not trust the attorney or law firm you currently have, but from what you have posted, it sounds as if you were close to settling the matter before you stopped all progress by telling your attorney to hold off.
 

faery999

Junior Member
It appears the problem is that you have told your attorney you are not going any further with the settlement until you can talk to one of the senior members of the firm.

You could discuss with another attorney in your area all that has gone on with the negligence case since you first contacted the law firm, if you do not trust the attorney or law firm you currently have, but from what you have posted, it sounds as if you were close to settling the matter before you stopped all progress by telling your attorney to hold off.

As a well established law firm, you think they would understand how to word something going before the judge in the first place. It just seems like the lawyer was trying to drag it out as long as possible, put bare minimum in the case and settle for whatever quickly. I wanted to speak with a senior to verify this is normal procedure. I told him this , been leaving messages and no word yet.
 

quincy

Senior Member
As a well established law firm, you think they would understand how to word something going before the judge in the first place. It just seems like the lawyer was trying to drag it out as long as possible, put bare minimum in the case and settle for whatever quickly. I wanted to speak with a senior to verify this is normal procedure. I told him this , been leaving messages and no word yet.
Because there was a change in strategy, the drafting of the settlement might not have been as carefully worded as it should have been - but apparently both parties were willing to accept the terms as written. A change in the settlement wording, to allow for the judge's concerns, should not be that difficult.

When an attorney advises that a settlement is preferred to a trial, it can be because the cost of a trial will wipe out any benefit that might be realized with a higher award of damages at trial. And there is no guarantee a trial will go your way. There might less damages awarded or there might not be any damages awarded at all. It's often a crap shoot.

If you have questions about how your case is being handled, address these questions to your attorney. If you trust that your attorney is looking after your best interests, you probably will want to follow his advice.
 

OHRoadwarrior

Senior Member
You can either accept the offer and get the remainder after attorney fees, not accept it and get nothing or try to find another lawyer who will take it to court, however you are still responsible for the first attorneys fees.
 

faery999

Junior Member
Because there was a change in strategy, the drafting of the settlement might not have been as carefully worded as it should have been - but apparently both parties were willing to accept the terms as written. A change in the settlement wording, to allow for the judge's concerns, should not be that difficult.

When an attorney advises that a settlement is preferred to a trial, it can be because the cost of a trial will wipe out any benefit that might be realized with a higher award of damages at trial. And there is no guarantee a trial will go your way. There might less damages awarded or there might not be any damages awarded at all. It's often a crap shoot.

If you have questions about how your case is being handled, address these questions to your attorney. If you trust that your attorney is looking after your best interests, you probably will want to follow his advice.



There was no terms. The only thing signed was that our lawyer could except the money on our behalf. We thought this was standard procedure before the settlement papers were drawn up.
 

OHRoadwarrior

Senior Member
If he settles it based on your permission, you still need to sign the check and release. If you refuse, you get nothing and he gets nothing if it is on a percentage. I've done it to 2 lawyers.
 

quincy

Senior Member
There was no terms. The only thing signed was that our lawyer could except the money on our behalf. We thought this was standard procedure before the settlement papers were drawn up.
Okay. You signed a form agreeing to a settlement amount and the judge wanted the settlement to go into trust for your daughter. That means a simple rewording of the agreement so the judge will sign off on it, but there should be no change in the amount of the settlement. It just requires additional work for your attorney - which means additional time is needed to complete this work.

I am not seeing anything in what you are posting that screams out lawyer malpractice but, again, if you think something is not quite right, you can have another attorney review the facts. A consultation with another attorney, for a personal review of what is happening with your case, might help relieve some of your anxiety.

Good luck.
 

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