When you hire personal injury lawyers, they communicate with the relevant insurance companies and negligent parties on your behalf and help you file a personal injury claim. In such situations, an insurance company sends an insurance adjuster over to evaluate the car accident claims by looking at medical bills and other types of damages.
Traditionally, lawyers owe their clients a fiduciary duty and a duty of full disclosure. So this would likely not occur. However, some attorneys write this power in as a term of their fee agreement.
Video - Can My Car Accident Lawyer Settle My Case Without My Consent?
“0:01 can my lawyer settle my personal injury,
0:02 case without my consent
0:04 if you have an attorney who tries to
0:07 settle your personal injury case without
0:09 your consent he is not only in violation
0:11 of California law he’s in violation of
0:14 his ethical duties as an attorney most
0:16 other states have similar rules but it’s
0:19 universally recognized in all states as
0:21 far as I know that no attorney can
0:24 settle a case without the full
0:26 involvement in consent of his client.”
Ehline Law Can Help With Any Car Accident Case You Have
Suppose you find that your attorney has attempted to settle your case and you feel that the amount is insignificant or less than you should be awarded since your attorney is your agent. In that case, you may instruct him to return the funds and negotiate for a higher amount.
We understand that money can’t relieve the pain and suffering of accident victims, but it can help pay for medical expenses. Let our attorneys deal with the settlement negotiations and work in your best interests while recovering from your injuries.
A reasonable car accident attorney will always help collect documents and evidence to help determine the value of your claims and deny any low-ball settlement offers if they find that the offers are not fair.
With all that in mind, many people are hesitant to hire a personal injury lawyer as they believe that the attorney might settle the case earlier than expected without the victim’s consent. Is this possible?
Let’s find out the legal boundaries your attorney can operate in.
A Personal Injury Attorney Can Not Make Legal Decisions
Your hesitations about how much control an attorney has over a case are understandable. A client needs to know that although lawyers have a lot of freedom with personal injury cases, they can not make any legal decisions on behalf of a client without their consent.
Can Attorneys Settle with an Insurance Company?
Before hiring an attorney, a victim must make it clear to the attorney how much settlement they are looking for. Besides that, a victim must let the attorney know if they are willing to wait for the maximum settlement agreement through negotiations or are in a hurry to get as much as possible. The attorney representing a victim should know these details to help them fight the case in their best interests.
While keeping your best interest in mind, an attorney will almost always decline the first offer made by an insurance company since the first offers are always low. Your attorney, however, can not settle the claim without your consent. You can give your attorney an authority letter that states the fair settlement you are willing to take. With that letter, the attorney can then settle.
Legal Professionals Must Maintain a Positive Attorney-Client Relationship
A legal professional’s duties and responsibilities that they must follow as part of legal ethics.
A reasonable attorney will always keep the injury victims updated and ensure continuous positive communication throughout their personal injury case. An attorney from a reputable law firm with a positive track record will provide legal advice as the case proceeds to let you know of your legal options.
Remember, taking a right legal decision falls onto you and not the attorney. Still, it is the attorney’s responsibility to ensure that you are aware of all the legal options before you make the decision.
What Should You Do If Your Attorney Decides Without Your Consent?
Now and then, you might run into an attorney who is working in their best interests and settle the case without your consent. Bounded by ethical duties, a lawyer must not take any legal decisions without your approval. If they do, you can pursue legal action against the attorney.
Schedule a Free Case Review With a Car Crash Law Expert Today
If you’ve been in a car accident and are looking for an experienced personal injury lawyer to look into your case, contact us at (213) 596-9642 for a free consultation today. Our top-notch Los Angeles Injury attorneys maintain a positive, healthy attorney-client relationship, a testament to our ever-growing clientele of more than 3,000 successful clients.
633 W 5th Street #2890
Los Angeles, CA 90071
(213) 596-9642.
Michael Ehline
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.
