Car Accident Injury Settlement Question

[Guest]

I was injured in an auto accident (other side was at fault and liability has been established on them) and retained a personal injury lawyer who works for a % of the settlement. I completed treatment and the lawyer will now start negotiating a settlement with the insurance company. As far as I understand the settlement amount will be divided 3 ways: medical bills, lawyer, me. So I have several questions:

1) Do I have the final say on whether to accept any settlement the lawyer works out with the insurance company?

2) Can I work out with the lawyer how much I will get and how much they will get from the settlement before it's paid out?

3) Can I negotiate with my lawyer for a higher share of the settlement?

 

[Michael Wechsler]

Look at your retainer agreement with the attorney. That is where the answers to these questions should be. The negotiation period is over. You can terminate your relationship with your attorney but, if he's already provided work to you, he'll want to get paid. If you move the case to another attorney it's possible you may be able to get more favorable terms but your existing attorney will probably obtain a lien on your settlement award. Wouldn't make sense if you could just walk away right before the case is over, fire your attorney and keep the proceeds. I'm sure you understand that. If you want to negotiate anything, you have the right to do so. Just make sure you understand what leverage you do and do not have.