Is it Possible for a Lawyer to Settle My Case Without My Approval?

If you’ve been injured in a personal injury accident, you may be filing a claim or lawsuit. A personal injury lawyer helps accident victims settle all types of cases, such as car accidents, motorcycle accidents, dog bite incidents, and more. They will handle all interactions with the insurance company, on your behalf. However, they cannot accept a settlement on your behalf, without your consent.

Can a Personal Injury Lawyer Accept My Settlement Without My Consent?

According to the American Bar Association Model Rule 1.8, a personal injury lawyer is required to inform their client about settlement offers and terms before the settlement offer can be accepted. You will have the final say regarding whether to accept or reject a settlement offer.

What is the Legal Process for Settling Personal Injury Cases?

A personal injury lawyer will often wait until their client has reached maximum medical improvement before they pursue damages. Without reaching maximum medical improvement it can be challenging to establish the total amount of damages.

Once an attorney knows what the total damages are, they’ll meet with you to discuss your options and recommend how to proceed with the case.

If you’re in agreement with your attorney and ready to move forward with your claim, the following steps will take place:

Demand Letter

Your attorney will draft a demand letter that outlines your accident, evidence of liability, your damages, and demand for compensation.

Settlement Negotiations

The insurance company or defense attorney will respond to the demand letter, often with a counteroffer. The negotiation process can be long and frustrating, with your attorney and the other party making and rejecting offers. Each time the other party makes an offer, your personal injury lawyer will bring you the offer and discuss whether you should accept or reject it and what counteroffer you should make. If you do decide to accept the settlement, your personal injury attorney will discuss what happens next and when you may receive your settlement.

Settling the Case

Before a case can be settled, you must first accept the settlement offer. If you decide to accept the offer you must sign a settlement agreement that states you will not pursue additional compensation from the other party for the same accident.

Do I Need to Hire a Personal Injury Lawyer?

While you are not required by California law to hire an attorney, doing so can help you recover the full compensation you’re owed. An attorney can investigate the accident and determine the true value of your damages. They also know how to negotiate with an insurance company to help you recover a higher settlement amount. If the insurance company refuses to offer you a settlement that’s fair, your attorney may recommend filing a personal injury lawsuit. They will only suggest filing a lawsuit if they believe you stand a better chance of recovering a fair award in court.

Contact Us Today 

If you were involved in an accident that was caused by the negligent actions of another, contact a personal injury lawyer at MVP Accident Attorneys today to schedule your free consultation. We can discuss your legal rights and options, help you determine the best course of action, moving forward, and guide you through every step of the legal process. Contact us today to learn more.