Legal Question in Personal Injury in California

I don't know if others do this, but I sometimes agree with my clients that I would only receive a fee based upon the amount above the offer.

It's hard to pin a value on your and your kids' case because the evaluation is so detail-driven. Defense attorneys usually play down soft tissue injury because it can't be seen. More important is the actual impact, and the speed and circumstances of the collision. If there was significant force (probably based upon an accident reconstructionist's testimony), then your medical bills and pain and suffering might be more believable and can be supported by scientific evidence if a jury were to hear the case.

"Do that to someone"? What? Take the fee share you agreed to if he settles the case? He can't settle without your consent, but if you refuse to settle on an offer made by defendants, he will have a 'lien' on your recovery for his share of that settlement offer amount, even if you substitute him out of the case.

This is something you should have discussed with the attorney before hiring him. No one else is able to advise you without reviewing the case and knowing all the facts in detail. Even then, there are no guarantees in life or the law, just opinions and best guesses. If you want to pay for a 2nd opinion, call to arrange a consultation.

What I usually do when a client comes in with an offer in hand is I fashion a fee agreement that there will be no fees based on the current offer but only on the increase that I am able to generate.I carefully explain that the percentage is a little higher than I would normally charge but in all the cases that I have done this the result has turned out to be a good resolution for the client and the fees are less than they would have been if the client came in at the beginning of the case.