Legal Question in Workers Comp in Virginia

If a settlement has been offered to me the plaintiff is my attorney obligated to accept it if I instruct him to do so even if he feels the amount is not enough?

Asked on 4/03/14, 5:13 am

1 Answer from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

Yes, if you instruct your attorney to accept, then he or she must do so. However, they may ask you to sign a statement that you have chosen not to follow their advice and instructed them to accept the settlement offer. In addition, if this is being submitted to the Virginia Workers' Compensation Commission, your attorney will not be able to advise the Commission that he or she believes the settlement to be in your best interests and that could prove to be a problem getting approved.

You need to discuss this thoroughly with your attorney.

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Answered on 4/03/14, 7:09 am

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