After suffering a personal injury accident caused by the negligent or reckless actions of others, it is possible for victims and their families to pursue claims. If you were involved in a personal injury accident, you might have already filed your claim with an attorney – you might be on track towards recovering the compensation that you deserve. However, you might encounter some difficulties throughout the legal process. Specifically, you and your attorney might not agree on how to proceed with your case. For instance, your lawyer might want you to stop medical treatment and close your case. Your lawyer might also want you to agree to a settlement while you are thinking about refusing to settle. These issues are normal; in many cases, lawyers and their clients do not see eye to eye. Lawyers are supposed to put their clients’ best interests first; they can recommend specific actions, but the final decision is always the clients’. In some cases, lawyers and clients can simply not come to an agreement – it is even possible for lawyers to be motivated by personal reasons (e.g. they want to close a case because they are tired of dealing with it, or they want to reach a settlement to simply close the case and move on). Victims of personal injury accidents that are not in agreement with their lawyers regarding their case have the option to seek second opinions from other lawyers. There is no guarantee that another lawyer will agree with your reasoning, but it could help clarify whether your lawyer is rushing to settle or close your case for no valid reason. Some common questions that arise when there is no agreement between clients and their attorneys include the following:
- Why is my lawyer trying to settle my accident case when I’m still injured?
- Why does my lawyer want me to stop medical treatment for my injuries?
- Can I refuse to accept settlement offer negotiated by my lawyer?
- Do I have to accept a settlement offer for my accident claim?
- Why is my lawyer adamant about settling and closing my case?
If you have any of the questions listed above, you might be uncomfortable going to your attorney for answers. If you’ve tried to question your lawyer, he or she might have given you the runaround. You might have to resort to another expert for answers to your questions. If you are interested in a free second opinion after starting your personal injury claim with an attorney that is not putting your interests first, do not hesitate to seek the legal assistance of the experts at Downtown L.A. Law Group. Downtown L.A. Law Group is a personal injury law firm with many years of experience handling many different types of claims – always focusing on the client and ensuring that the client is rightfully compensated. If you would like to benefit from our free legal services, do not hesitate to call us at (888) 649-7166 today – we are ready to provide you with the legal guidance that you need to reach the outcome that you deserve.
The Purpose of Pursuing a Claim after an Injury
What is the purpose of pursuing a claim after being involved in a personal injury accident? When you pursue a personal injury claim, the goal is to hold the liable party accountable for his or her actions, which contributed to the harm that you suffered. When you pursue a claim, you are fighting to hold the liable party financially accountable for the harm that you suffered – that could include medical expenses, lost earnings, and pain/suffering among other things. In most cases, financial liability is transferred to an insurance company which then pays the victim. Recovering monetary compensation does not magically reverse the harm that was suffered; however, it can help the victim and his or her entire family move forward with their lives (in addition to covering the different costs and losses associated with the accident). The purpose of pursuing a claim is to recover the compensation that you are rightfully owed. When a lawyer is urging you to stop treatment, the potential value of your case will decrease. When a lawyer is urging you to agree to a settlement, you might be agreeing to an amount that is significantly less than what further negotiations or even a trial could reach. By closing your case before you recover the maximum amount of compensation available for recovery, your lawyer is essentially asking you to conform to a mediocre case outcome.
Why is my Lawyer Trying to Settle my Case?
Why is my lawyer trying to settle my case when I still have pain? Why is my lawyer trying to settle my car accident case when I am still treating with doctors? Why is my lawyer trying to settle my slip and fall case if I still have not gotten better? Have you found yourself asking these questions? It is possible that your lawyer is trying to settle your case even though your treatment is still ongoing. My lawyer is telling me to stop medical treatment but I’m still injured. I still have pain. I need surgery. Even though doctors say you still need treatment, your lawyer might be urging you to agree to a settlement. If your lawyer wants to close your case already and wants you to agree to a settlement, you must consider the following possibilities:
- You have reached maximum recovery. Even if you undergo further treatment, you will not get any better. You still have pain but you have been told that you will simply have to live with the pain – there is nothing else to be done. Your doctor and your attorney are in agreement. Your attorney is aware that further treatment will not make a difference. (This is the ideal situation).
- You have not reached maximum recovery. Although you have had some treatment, your recovery has been minor. You need additional treatment immediately to better your chances of making a full recovery. Your attorney has not referred you to any doctors and keeps telling you to just settle your case. Your attorney always seems to be in a rush when dealing with your claim. (In this situation, your attorney does not care about your recovery, but rather only cares about settling your claim as soon as possible).
- You have reached maximum recovery. Your treatment has been extensive, and you feel that your recovery has been successful. However, your doctor keeps pushing for additional treatment. Your attorney is advising you against medical treatment since it will not do anything for you or for your case. (In this situation, you and your attorney are in agreement regarding your recovery; however, your doctor is pushing for additional treatment and making you doubt your attorney).
My lawyer wants to close my case but I’m still in pain. In many cases, the victims of personal injury accidents are left dealing with at least some sort of pain for the rest of their lives. Usually, pain is manageable; however, some nerve injuries could result in chronic pain that could quickly prove to be unbearable. If no additional treatment can address the pain you’re dealing with, settling is the best option. My lawyer wants to close my case but doctors say I still need treatment. As a society, we generally trust medical professionals. Doctors are supposed to help their patients recover. We must not forget that doctors get paid for treating patients. It is possible for doctors to get carried away and push for unnecessary treatment just to increase the amount that they could charge. If you feel that you do not need further treatment, you could seek a second medical opinion to confirm or deny whether you need additional treatment. Why is my lawyer telling me to stop going to the doctors, physical therapy, or to the chiropractor? It is possible that you simply do not need any more treatment. However, it is also possible that your lawyer wants you to just agree to stop treatment so that your case can settle – after all, your lawyer will directly benefit from settling your case. Because of this, you should always consider both possibilities – never hesitate to seek a second opinion.
Can I Refuse a Settlement?
Do I have to accept a settlement offer from my lawyer for your injury case? When you accept a settlement offer, you are agreeing to bring your case to a close and accept the monetary compensation that is being offered. After you accept a settlement, you will not be able to bring forth a claim for the same incident – for example, you will be unable to make a claim if you discover an additional injury associated with the same incident. Do I have to accept a settlement offer from my lawyer for my car accident case or slip and fall case? The answer is simple: you do not have to accept a settlement offer. You have the right to refuse a settlement offer. Ultimately, you have the final say on settling your case. Your attorney is supposed to provide you with the guidance that you need to reach a successful claim outcome. That is, your attorney is there to support you and help you along the way – not to call the shots.
Can My Lawyer Settle My Case Without My Consent?
Can my lawyer settle my case and not tell me? A lawyer is not allowed to settle a case without the clients’ strict consent. As mentioned above, the client is the party that makes all final decisions – attorneys are simply there to offer recommendation and guidance. If you do not want to settle your case, there is no way that your attorney can settle without telling you. Doing so would represent an ethical violation. It would also represent a violation of a duty of care owed to clients, specifically a fiduciary duty of care (when someone with knowledge/experience on a matter is expected to give honorable advice or guidance but takes advantage of their superior position for their own benefit. It is possible for your attorney to try to settle your case without your consent; however, you will eventually be needed to sign final documents. As soon as you find out that your attorney tried to settle your case without your approval, you must file a complaint with the State Bar and contact the insurance adjuster handling your claim to inform them of the situation (that you did not consent to the settlement agreement and that the attorney no longer represents you). Depending on the circumstances that follow, the insurance adjuster will deal with you directly or with your new attorney – and you could make a decision regarding a settlement on your own terms.
Seek Legal Assistance at Downtown L.A. Law Group
At Downtown L.A. Law Group, we always put our clients first. It is our duty to represent the innocent victims of personal injury accidents and ensure that they recover the compensation that they are owed. We take pride in ensuring that our clients are informed of every single detail relevant to their legal process. We understand that some clients choose to settle at the first offer while other clients prefer to settle much later or even take their claims to trial. We put you and your best interests first – we will allow you to make all decisions regarding your case and provide you with guidance along the way. At Downtown L.A. Law Group, our firm offers free consultations and free second opinions which are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; therefore, our clients will not be required to pay anything until after reaching a successful claim outcome. If you would like to discuss your situation with our experts, do not hesitate to contact our firm immediately.