This is about my friends mother. She has been in a lawsuit for about 2 and a half years due to a car accident by a woman who has numerous reckless driving records. My friends mother's lawyer offered the other side 50,000 to settle inclusive of all costs and attorney fees. He did not even consult her to see if she agrees with that amount, I don't know if he had to.
She would like to take it to court with a jury but she's afraid of what if they judge her an amount less. She has no income right now and how are fees and costs paid if she gets less and has no way to pay?
Also, what are the chances of the jury awarding her more? Her doctors have said she needs back and jaw surgery due to this accident as well??
This is in florida.
Answer by N
a lot to a little
Answer by Luke
I'm sorry I can't give legal advice, as I am not a lawyer. I personally would consult another lawyer and report him to the bar.
Also- Did she sign a paper agreeing to this before it was settled?
Answer by popadelik
Short answer, it is almost impossible to predict this with any likely hood. These things go many different ways frequently, unfortunately. Your friends mother can always consult another attorney for the information but all of the facts have to be reviewed. The info you have provided above is not sufficient to answer your question no matter what advise anyone gives you.
Answer by car253
What your leaving out about this story is did the other party that caused the accident have insurance? If so, then the insurance company may have offered a settlement. If so, then the attorney should have notified the lady and asked her if the settlement amount was ok to her or not.
Sounds like the attorney just wants to settle with the insurance company. That is how it usually works. But I do not know all the details of what's going on and I am not an attorney and this is not legal advice. Just seems there is more to this picture then you may know about. What about the insurance companies involved?
Did the insurance company offer a settlement? More info is needed.
Answer by lucy
as a general rule, lawyers are required to consult with their client of all settlements prior to accepting or they can get sued. it could have been that your friends mother had discussed this and he agreed to settle.
it also can be that the other company has $ 50k maximum on the policy. If that is the case, they cannot pay no more than $ 50k and that is it. The only way you can get more is to go after the other women for what they call excess limits, which means any assets she might have. If she has had numerous reckless driving in past, doubt full she has anything to grab so useless and get nothing.
Everyone wants their day in court. TV looks really good and you see a case one day and the next day they are in court. lol; The courts are backlogged and most likely even if they went to court could be another 2 to 3 years before they get a court date. It could also happen that she could get paid less. Also add on the cost of the lawyer fees for time spent in a trial. It could be one day or several, so he will deduct that amount from the final settlement.
My suggestion; have your friends mother consult with a 2nd lawyer for his advice, or have her ask her attorney why? she has a right since he is representing her and should have her best interests.
as it stands, you only have "heresay information of the facts". you don't know what transpired between your friends mother and her lawyer. or if any agreement she signed with this lawyer.
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