Legal Question in Personal Injury in Ohio
Auto Accident Settlement Offer from my current attorney
Close to almost one year ago my mother age 69 was in an auto accident, caused by another driver. Her car was totaled and she had injuries that she has been treated for over the course of the last year. This accident caused an old slip disk back injury (which she had surgery for over 25 years ago) to act up again. She has been told after all medical treatments that it will not get better. This is something she has to live with. Her current attorney called her this week with an offer of a settlement from other parties insurance company. They said that the $9,000 in medical bills was unnessecary and they will not pay them. And they offered her the maximum sum of $10,000 and she has to pay the medical bills. She is very disappointed with this settlement, did not accept it and told her attorney she would get back to him. She has turned to me her daughter for help and I am trying to find out what can she do now. What recourse does she have. Can she fire this attorney and go to another and hope they can get a better settlement. Please advise, what do we do now. Thank you. --name removed--Elek
2 Answers from Attorneys
Re: Auto Accident Settlement Offer from my current attorney
Whether she ever settles the case is her right every step of the way. If she doesn't like the settlement, she has the right to go to trial and her lawyer must do that. If he doesn't he is subject to discipline. She can sue with another lawyer too.
Re: Auto Accident Settlement Offer from my current attorney
Although it does seem low, before I could say whether $10,000 is in fact an indequate amount to settle your mother's case, I would need to know ALL of the facts. This would require a thorough review of her medical history both before and after the accident. If after all is said and done, the insurance company still refuses to make a reasonable settlement offer, the only option is to file a lawsuit and let a jury of your mother's peers decide. Although your mother certainly has the right to discharge her current attorney, he may nevertheless have the right to claim some compensation from her for services rendered prior to the discharge. If you would like to discuss it further, you can either email me back or call me at 330-936-2017.
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