Q: My lawyer doesn't want to go to trial even though this is our request.
We are not excepting a low ball offer being handed to us by the insurance company. We are refusing it and our lawyer has turned in to something really bizarre, almost flat out refusing to file for going to trial. Siting his "reputation" and losing??? Being very aggressive and combative for us to except a offer we are offended by? I am really confussed.
A: It sounds like you and your attorney have very different views about what your claim is worth. The first thing to do is try to have a clam discussion with your attorney about the specific factors in your case, and why they do not think it is worth going to trial. Perhaps looking at recent jury verdicts for similar cases will help. Also, almost all personal injury attorneys offer free case evaluations. Talk to a few about your case. See if any agree with you about its value. You can change attorneys if you want. If you do change attorneys, they will work out how the fees will be handled, although your current attorney will very likely have a lien on your case.
William John Light agrees with this answer
A: I think Mr. Dorfman gave you some good advice. Make sure you do something right away because there are time limitations on taking action and settling a case.
A: Many lawyers (in fact most lawyers) hope to settle a case without going to trial. I myself practiced personal injury law for 30 years, and hoped that I would not have to go to trial. That's because trial is very expensive, and forces the attorney to spend a lot of money in preparation for, and going to, trial. I can understand his position, and it is a difficult one. He must spend a lot of money on trial, and he may not get it back any of the money he spent id there is a defense verdict. I don't know much about your case, but the other two lawyers who have responded to your question have made good suggestions. Your current lawyer cannot force you to settle, and you have a right to go to trial. If the offer from the insurance company is a good one, you may wish to accept it. If it is ridiculously low you are entitled to go to trial. If another attorney takes over the case and you win at trial, the your old attorney would have to negotiate with your new attorney as to the amount of attorney's fees he is entitled to receive. If you feel you have a good case, you should go forward with it. You can also ask your current attorney to reduce his fees in order to get you a fair settlement. Good Luck.
A:
there are many reasons for not wanting to go to trial.
it could be that the facts do not support a trial.
a lawyer has an obligatiion to look after a client. Going to trial and spending a lot of money on experts etc often leaves the clients with no money or maybe even owing money ........
it is not necessarily that the lawyer is lazy or scared.
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