Can I Replace My Attorney If I’m Being Pressured Into Taking A Lower Settlement Than My Case Is Worth?

Personal injury attorneys pressure clients to settle for what the opposite party is offering all the time. This may not always be the settlement that you expect. In some cases, the settlement amount could be far lesser than what you thought you should get. Though most people think this is bad, it need not necessarily be a bad thing. The attorney has all the right to let the client know what he/she thinks of a settlement.

Many times, clients may feel that the attorney is pressurizing them for a settlement when the lawyer would have just suggested accepting the settlement. This is because the client truly believes that he/she deserves a higher settlement. Clients are so emotionally involved in their cases that sometimes it is difficult to be realistic.

However, in some cases, lawyers may really ask clients to accept a lower settlement. This could be for various reasons. In such cases, there may be scope for a second opinion. Lawyers are also humans and it could be wrong on the lawyers part to pressure a client into settling for less. Before firing your lawyer and finding a replacement, it is important to find out why the lawyer is pressurizing you into settling.

Why Do Lawyers Pressurize Clients To Settle Cases?

There could be many reasons why lawyers pressurize their clients to settle for less in cases. The most common ones are:

• The lawyer genuinely believes this is the best you can get in terms of the settlement. Your lawyer has been with you since the beginning of the case. He/she knows the case in and out, and also knows what is the most you can get based on any evidence or information that you may have submitted.
• The lawyer has seen similar cases in his/her experience before and knows what is the maximum an individual can get in a settlement in cases like yours.
• There is some information that the lawyer is missing or has overlooked in your case which makes him/her think that you cannot get a larger settlement than what is being offered. In such cases, going over the case documents again and ensuring that everything is covered can help
• The lawyer is new and inexperienced. As a result, he/she does not know how to negotiate with the tough and stern insurance company agents and adjusters.
• Finally, and in some rare cases, the lawyer just wants to be done with the case and wants to be paid.

Many times you may find your lawyer’s pressure to agree for a lower settlement surprising and unexpected. This is because most of the time when the lawyers initially hear about your case, they are pretty confident that they can take the case to trial and get you good compensation. But as the case progresses and more facts come to light, they may understand the reality and so try to convince you to settle for a much lesser compensation. Lawyers initially are positive about a case because they have only one-sided information from their clients. As the case moves ahead, more and more information from the opposite party also emerges, and based on what they find out, they may begin to feel your case does not merit a larger compensation than what is already being offered.

If a lawyer is transparent with the client from the beginning and keeps communicating with the client about his opinion of the case, this pressure will not come as a shock to the client. But in reality, most lawyers avoid talking about these things with the client till the last minute. They understand that the client feels strongly about their case and will not understand if someone says their case is not strong enough. Hence, they will avoid speaking about it until the subject cannot be ignored anymore. As a result, the client will feel like the lawyer has suddenly turned on them.

What Can You Do If Your Lawyer Pressures You Into Settling For Less

The decision to accept or reject the lawyer’s suggestion to settle for a lower compensation ultimately lies with you. You have hired the lawyer and you alone have the authority to cut ties with him/her. Whatever your lawyer may suggest, you are the final deciding authority. But before taking any decisions, speak to your lawyer again and try to understand why he/she is suggesting a reduced compensation. Try and go over the case details with him/her again and see if anything has been missed out or overlooked.

If you are not convinced with what your lawyer is suggesting, or if your lawyer bullies you into taking a lower settlement, then you have the option of firing your lawyer and finding another one. You can also take a second opinion before taking the drastic step of changing your lawyer. Check with your second lawyer how realistic the suggestion of lower settlement is and if he/she would do anything different. This will give you the confidence to fire your current lawyer.

It is important to remember that not too many lawyers may be interested in taking on your case at such a late stage. Having said that, it is not impossible to find another lawyer. The right lawyer will give you an honest opinion of your case and will also take it up and fight to increase the compensation if he/she feels you can get more.

If you live in and around Louisiana and need a second opinion on your case, or want to discuss your compensation with someone, Babcock Injury Lawyers car accident cases are always solved to the client’s advantage. Our lawyers have years of experience in dealing with personal injury cases and handling insurance companies and adjusters. We will look at your case files, ask you questions related to your case, and will work with you to get you the compensation you deserve if we believe you can get a higher settlement amount.