There are many reasons why you may need to file a personal injury claim in California, from sustaining a dog bite to being involved in a car accident. Handling a claim can be a complicated matter, especially if you are not familiar with the process. When you hire an attorney to handle your personal injury claim for you, you may be concerned about your final settlement. Can an attorney settle without your consent?
At Maison Law, our attorneys offer representation to those injured in California accidents. We understand that this can be an especially overwhelming time and offer our help and resources to you along the way. We will also answer any questions that you may have regarding your settlement. Please do not hesitate to contact us today for a completely confidential case review.
Can Your Attorney Accept a Settlement Offer?
When you hire a lawyer to handle your personal injury claim, your lawyer will handle negotiations with the other party’s insurance company. This means that they might receive the first word that a settlement offer has come through. But is your lawyer permitted to accept a settlement offer without your consent?
In California, your attorney is not permitted to accept an offer without getting your consent first. The California Bar Association has specific guidelines stating that a lawyer is supposed to communicate all offers to their client as they come through. This rule applies to both offers that are written or given orally.
Therefore, if you find out that your attorney accepted a settlement offer without coming to you first, this is an ethical violation on their part. Lawyers have a fiduciary duty to act in a manner that helps you move forward financially, keeping your best interests in mind.
Should You Accept an Offer Without Your Attorney?
Insurance adjusters are interested in settling quickly and for as little money as possible when it pertains to your claim. This means that they might try to intimidate you and tell you to accept an offer without first running it by your lawyer because you “may end up going to trial.” Are you able to accept a settlement without speaking with your lawyer?
As the plaintiff in a personal injury claim, you are allowed to accept any settlement that is offered to you by the insurance company. However, it would typically be a mistake to accept it without first speaking with your lawyer. Your lawyer is your advocate who will handle negotiations for you to help you maximize your compensation and get what is owed to you after an accident. Your attorney sees the strength of your case and knows the difference between a lowball offer and one that will cover all of your damages, present and future. This is why speaking with your attorney is in your best interests.
What Happens if We Can’t Settle?
Your personal injury attorney can help you determine what your case is worth by looking at the circumstances of the claim. The value of your claim depends on many factors including the severity of your injuries, any future medical treatment you may require, time you could miss at work, and more. If you have been offered low settlement offers by the insurance company, you may wonder what other options you have.
If negotiations are not working and the insurance company does not agree with the damages you are requesting, you may have to take your claim to trial. A lawyer will only make the decision to go to trial if they believe that your claim has standing and that they can help you achieve the financial recovery you need. If the insurance company is threatened with trial, they will sometimes negotiate an offer that you can agree upon to avoid taking matters to court.
No matter what happens in your personal injury claim, having an attorney on your side can be a huge benefit that helps you receive the best results.
Contact a California Personal Injury Lawyer Today
If you have been hurt in a California accident, pursuing a personal injury claim may be the best way to move forward financially as you focus on healing. With the help of a California personal injury lawyer, you have options that can help you best achieve maximum support in your claim.
At Maison Law, our attorneys will help you through every aspect of the claims process, from negotiations to settlement. If your claim needs to go to trial, we will not hesitate to support you and protect your interests. Please do not hesitate to contact us today for a completely no-obligation case review. You will not have to pay any upfront fees to get your claim started.
