Q: Can a lawyer accept a personal injury settlement w/o their clients approval? If they do is that a breach of contract?
obtained a. Personal injury lawyer after a car crash. After almost a year and a half I directed the lawyer to start working towards a settlement. On 1/28 the Lawyer called and said they had negotiated an offer. I said I wanted to talk to my wife before accepting the offer. The next day( 1/29 )the paralegal called and asked if I had any upcoming medical appointments and i said I had a few. Later that day they sent a text saying that the offer was increased by $2k from the day before. I never responded to the text. A few days Later i texted a couple more questions on 2/1.
On my appointment with the pain doc on 2/11 he said I should get another MRI. I text the lawyer saying that is what the doc said. On 2/19 I got a text from the lawyer saying that my check was ready and I could come pick it up. I never said that I was ready to accept the settlement and have not signed anything. The lawyer said the case is closed and that there is nothing else I can do. Is that true?
A: No, you can tell the attorney that he should tell the company it was a mistake on his part, you never agreed to anytihing. You may want to consult other attorneys, see what they say. Look for attorneys who handle car wrecks and who are memers of the Utah trial lawyers association /Utah association for Justice.
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