Is It Legal Malpractice When Your Lawyer Recommends A Lower Settlement Than Your Case Is Worth? Seven Ways To Evaluate Your Injury Settlement

Is It Legal Malpractice When Your Lawyer Recommends A Lower Settlement Than Your Case Is Worth?  Seven Ways To Evaluate Your Injury Settlement

We are frequently contacted by accident victims who are unhappy with their personal injury lawyer.  Their lawyer is recommending an offer from the insurance company… and tells them that lawsuits are expensive…or that cases take forever to get to trial.

Frequently there is no legal malpractice…but…there is a lack of trust.

Frequently the lawyer has not given them a breakdown of the settlement numbers and explained the medical insurance liens.

Can you go on with this lawyer given the lack of trust and his or her failure to be upfront about YOUR end of the settlement…and what a lawsuit really means?

Have you been dealing mostly with a paralegal…or a TV law firm?

TV Lawyer Recommends Quick Settlement – Should You Accept?

Each case is different.  But often the lawyers that advertise on tv are from out of state and they simply “refer” the case to a firm in Massachusetts.  That firm is under PRESSURE to resolve the case and send the obligatory fee to the tv lawyer…so he or she can keep getting cases.  That system can serve the tv lawyer well, and perhaps even the Massachusetts lawyer…but is it helping YOU, the client?

At Burns & Jain, we don’t have any tv sponsons, we represent ONLY our clients and our clients’ interests. 

How Can You Evaluate Your Personal Injury Lawyer’s Settlement Recommendation?

If you have a lawyer for a personal injury case, and he or she is recommending settlement and it doesn’t make sense to you, undertake the following analysis:

  1. Listen to the reasons for the recommendation – write them down, or have your lawyer write them down. Do they make sense?  Is something being left out?
  2. Get a WRITTEN BREAKDOWN of the settlement numbers – including all attorney fees, all expenses and all medical liens.
  3. Understand the medical insurance lien – in a car accident, PIP may have paid some bills, but your medical insurance company, or Medicare, has a lien for what they paid out. Is this being negotiated by your lawyer?  Is it accurate?  Review each line of expenses as often they will mix in non-related treatment.
  4. Be clear about the out-of-pocket expenses – the costs for securing medical records, experts, and other expenses are usually your responsibility. Do they make sense?  Is anything being hidden or is suspicious?
  5. Go through an analysis WITH YOUR LAWYER, NOT PARALEGAL, of what would happen if you don’t settle…if you file suit…often the inexperienced lawyer, the tv lawyer, or the too-busy lawyer, will try to convince you to settle prematurely because THEY DON’T WANT TO DO THE WORK to get your case in the best position for settlement.
  6. If you hare not convinced…consult with a law firm that has experience, doesn’t get tv lawyer referrals, and has over 30 years of experience with legal malpractice to be sure nothing is missed.
  7. DON’T SIGN ANYTHING UNTIL YOU ARE COMMITTED TO THE RESULT.

Retain Competent Personal Injury and Legal Malpractice Counsel If You are Injured and Are Not Satisfied With the Recommended Offer of Settlement

Burns & Jain can evaluate your personal injury lawyer’s settlement proposal.

Burns & Jain has represented accident victims and victims of legal malpractice for decades.  We have represented injury victims whose attorneys failed aggressively and effectively represent their rights

Call 617-227-7423 for a free consultation.