Legal Question in Personal Injury in Florida

Does my attorney in my auto accident case have to notify me of any offers of settlement from the insurance company so I decide wether to accept it or not?

Also,if my attorney thinks "it's a good deal,and I should take I have to,or can I tell him it is un acceptable and I want more and want to go to trial?

Asked on 9/05/13, 1:27 pm

5 Answers from Attorneys

David Slater David P. Slater, Esq.

1. Yes

2. Yes

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Answered on 9/05/13, 1:33 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes your attorney is duty bound to tell you about any offers which are received. BTW that does not mean instantaneously. It means in the ordinary course of handling the case. That can take days to weeks to fully appreciate if there are outstanding bills etc. that have to be dealt with.

You don't have to follow your attorney's advice, but that is why you hired the attorney. You need to trust the attorney's expertise. If you don't then you may want to consider using a different attorney. The attorney does not have to "go to trial" unless the attorney believes that is in your best interests and the attorney can accomplish what you want. Discuss it in detail with the attorney.

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Answered on 9/05/13, 1:36 pm
Michael Tobin Michael M. Tobin, P.A.

Read the Statement of Clients Rights!

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Answered on 9/05/13, 3:28 pm
Nick Ortiz Ortiz Law Firm

The answer to both questions is "Yes."

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Answered on 9/05/13, 3:31 pm
Byron Petersen Byron G. Petersen P.A.

The Florida Rules of Professional Conduct address this situation and are very strict.

An attorney must notify you of every offer and the circumstances that led up to that offer.

The attorney can jump up and down but you control your own fate- you, not the attorney, decide whether to settle and for what amount. Moreover, any fee engagement agreement that attempts to restrict your rights in this regard is void, illegal, and unethical.

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Answered on 9/05/13, 3:49 pm

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