Asked in Personal Injury for Florida

Q: How long should it take my lawyer to counter offer the insurance companies lowball offer in a PI case?

The guilty parties insurance company accepted full liability. I dont understand why it is taking my lawyer weeks to come back with a number after the adjustors lowball offer.

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3 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Did you ask your attorney that question? He/she might have a good reason for waiting, such as waiting for a particular medical report. If you are having communication problems with your attorney, then you need to address that problem, such as by sending a letter via certified mail complaining about the communication problem and requesting a prompt response. Another issue is, did you hire an attorney who is willing to file suit if necessary and is willing to take the case to trial if necessary? Some "personal injury" attorneys are running personal injury "mills" where they just send demand packages to the insurance companies with the aim of settling the claims on the phone, with no intention to do any further work if that initial effort is unsuccessful. Regardless of the kind of lawyer you hired, though, he/she would have a lien on your claim if you fire him/her. If he/she voluntarily ceases representation, he/she would not have lien.

Domenic J. Celeste agrees with this answer

Domenic J. Celeste
Domenic J. Celeste
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: There could be many reasons why your attorney hasn't responded to the offer. I agree that you should ask how much longer until he/she responds and for an explanation as to the process. Your attorney should be keeping you informed of the negotiations anyways since only you can accept an offer to settle.

Adam David Rieth
PREMIUM
Adam David Rieth
Answered
  • Tampa, FL
  • Licensed in Florida

A: It sounds like you need to sit down with the attorney you hired and have a conversation on the issue. There are a myriad of strategies that attorneys use when going against insurance companies, but you will never know your attorney's reasoning if you do not ask. Give your attorney a call and set up a conversation.

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