Legal Question in Personal Injury in California

I just hired a personal injury attorney on Friday, today is monday, early afternoon, No wrok has been done on my case, can I fire him, or recind my contract cause I would lke to see how hig I can get the insurance company to go on my own before trying to obtain an attorney. I was treated for a concussion on Friday and they gave me some pain medication, so I was out of it.. I was not given a copy of the contract, and would like to re-think my decision.


Asked on 11/21/11, 11:15 am

5 Answers from Attorneys

Joel Selik www.SelikLaw.com

You can absolutely fire your attorney, though you do not know if he did some work on your case or night. You have an absolute right to replace or just fire the attorney.

Be very cautious handling the case yourself. You can do things to damage your case without realizing it. Many times attorneys will not take over a case a person has handled themselves for a periord of time.

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Answered on 11/21/11, 11:18 am
Steven Kuhn Steven Kuhn

You can discharge your attorney at any time. They are entitled to be paid for any work they did, including the initial client interview. They are required to provide you with a copy of the Attorney-Client Agreement you signed.

As the other answer indicates, be cautious in dealing with the insurance company yourself since they will try to take advantage of you. Statistics have shown that an attorney earns his fee in getting you a higher recovery than you could on your own.

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Answered on 11/21/11, 11:21 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The insurance company will go up to $0 on your own, don't speak to them. If you didn't get a copy of the contract, fire the attorney.

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Answered on 11/21/11, 11:21 am
Terry A. Nelson Nelson & Lawless

It appears you have completely unrealistic understanding of the process and of your expectations of counsel. No competent attorney would even consider making a settlement demand until all medical treatment and therapy have been completed, and your permanent long-term condition assessed and evaluated, which might be months from now.

Sure, you can play the pro per game and within the next few days or weeks get the carrier to make their 'final offer' to you. BUT, understand that it WILL BE their final offer, and it will be lower than an attorney could obtain, and it won't change once you bring in counsel without him actually filing suit and dealing with defense counsel, and it will mean paying a higher percentage in fees than if you let counsel handle it right from the beginning. The carrier will know they can tempt you with a quick cash offer. Make you choice now how you intend to handle this, and then stick to it.

IF the case has merit [likelihood of winning and the other side found liable], value [substantial provable damages, such as medical injuries and financial losses] and collectability [defendant with sufficient insurance coverage or available assets to collect against], you should pursue it, correctly.

If the case is in SoCAL courts, and if you are serious about changing counsel for good reasons and under the conditions I described, feel free to contact me. I've been doing these cases for over 35 years.

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Answered on 11/21/11, 11:41 am
P.J. Javaheri THRULAW, P.C.

Yes you can fire your attorney, but as far as you wanting to handle your own claim, we do not recommend because settlement numbers can change very drastic depending on the case details, supporting evidence, and attorney negotiating skills. I strongly recommend that you do not try and negotiate your own case and seek representation from a good personal injury attorney that will vigorously negotiate your claim in light of a just and fruitful settlement.

One of the biggest mistakes people make is thinking that they could handle their case. For maximum recovery we recommend that you contact us here at ThruLaw, P.C. for more information.

Feel free to call me directly if you have additional questions at 310-295-2056.

This response is for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. For specific information or for a free initial consultation with an attorney, contact (855) THRU-LAW or visit www.ThruLaw.com.

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Answered on 11/22/11, 12:20 pm


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