Can I change my mind on an offer for compensation on my 7 year injury? 21 Answers as of February 17, 2012
Being financially strapped right now (and feeling desperate), and having my attorney pressure me to accept an absurdly low settlement offer, yesterday on the phone I told him I would accept it. It's been 7 years since I was injured, and my attorney has been, (let's say) less than upfront, and aggressive about getting my case settled. So, I told him I would take the offer, and he said he would call the opposing attorney. But, after thinking about this overnight, I feel like I'm really selling myself short. After 7 LONG years, and trial being set for this coming June, I think I should have told him NO. I'm just fearful now, (given my experience with this atty), that he will end up dropping the ball if I hold out for trial, (and end up getting nothing at all). So, my question is, even though I told him yesterday that I would take the offer (on the phone - nothing written), can I tell him I've changed my mind, and want to continue towards trial? Do I have to take the offer ?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereThe Law Firm of Reed & Mansfield | Jonathan C. Reed
One of the risks you face if you go back on your oral acceptance is that your attorney will withdraw while claiming a lien. The combination of your filing having a lien from another attorney and your former attorney having withdrawn may make it impossible or difficult to get another lawyer to take over. Another risk of going back on your oral acceptance is that your lawyer will say, OK, and take the case to trial but you have already stated that you don't have faith in his ability. You are in a difficult situation which illustrates the importance of using avvo.com ratings or doing other research on lawyers before hiring them in the first place. Finally, you ask, "Do I have to take the offer?" It is possible that if your attorney already conveyed your acceptance to the other side, the other side to do a Motion to Enforce Settlement and make you take the offer. But even if that doesn't happen, as I have discussed above, there are practical difficulties you face if you revoke your acceptance. You should really consult an attorney in your jurisdiction about what to do. A local attorney presented with more facts than you can put into a question here could advise you if the offer is fairly reasonable, all things considered, or not. The local lawyer could also advise you if he or she thinks you would have difficulty getting a new lawyer at this point in the case. Good luck.
Answer Applies to: Nevada
Replied: 2/10/2012
The Barrister Firm | Christopher Benjamin
Sure you can; however your concern shouldn't be how long the case has gone on but how strong is your case (i.e. what's the extent of the injury, what is the affected area, is there any permanent disability, etc ...). Whatever decision you make, remember that it's you who will have to live with it in the end (good or bad - you own it).
Answer Applies to: Florida
Replied: 2/6/2012
Law Office of Jared Altman | Jared Altman
No. You are not legally obligated to take the offer. But, if your lawyer puts it in writing then you may be obligated. You have to get ahold of him right away to tell him that you've changed your mind before he commits you.
Answer Applies to: New York
Replied: 2/3/2012
The Carlile Law Firm, LLP | D. Scott Carlile
Yes. You need to let the attorney know asap that you have changed your mind. If the attorney has signed a settlement agreement with the opposing counsel you could have trouble on a potential breach of contract claim. However, you case isn't fully settled until you sign a release of liability and the Court signs an order dismissing the suit.
Answer Applies to: Texas
Replied: 2/3/2012
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
A case is not settled until releases are signed by you. If you are doubtful that the amount offered is enough to compensate you for your injuries you should contact your attorney as soon as possible. You should also make an appointment to meet with your attorney to discuss your case and find out why he things the offer is within the ball park.
Answer Applies to: New York
Replied: 2/3/2012
The Olawale Law Firm | Emmanuel Olawale
You cannot change your mind now. You have accepted the offer. If you renege, the opposing counsel would file a motion to enforce settlement and you would end up with the same amount anyway.
Answer Applies to: Ohio
Replied: 2/3/2012
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You have given him authority to settle the case, but at this early stage you ought to call him and ask him to back water. He may be able to do that without consequence. I don't know anything about your case. It is worth nothing because of the passage of time or your worrying about it. it is worth something ONLY because of the liability question (is it good and strong?) was there a lot of physical damage? Did you get a significant injury? Did you have high bills? If any of these answers is no then you may not have much of a case stripped of the emotion and frustration you have. It is obvious you dont trust your lawyer. Why don't you find new counsel and pick someone you can trust.
Answer Applies to: North Carolina
Replied: 2/3/2012
Adler Law Group, LLC | Lawrence Adler
You can change your mind until you sign a release. You should tell the attorney immediately before the other side takes action in response to his call to them.
Answer Applies to: Connecticut
Replied: 2/3/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If you want to back out you need to act fast. You made an offer which may have been communicated to the defendant. If it has AND the defendant has accepted it, I believe you are stuck with the offer.
Answer Applies to: California
Replied: 2/3/2012
Bernard Huff, Attorney/Mediator | Bernard Huff
You should contact your attorney immediately and let him/her know that you have given a lot of thought to the settlement and that you have changed your mind. You should state the specific reasons why you don't want to now accept the offer.
Answer Applies to: Indiana
Replied: 2/3/2012
Ewusiak & Roberts, P.A. | Christopher J. Roberts
Generally, the settlement won't be consummated until your acceptance is made known to the other side. If you want to back out, call your attorney immediately and find out if he's already conveyed your acceptance. If so, there are ways to back out of settlement agreements but it is very difficult. If not, then you simply tell him he no longer has your authority to settle and that should be that.
Answer Applies to: Florida
Replied: 2/17/2012
Ford, Howard & Cornett, P.C. | Bradley Cornett
Under Alabama law, you would be a liberty to withdraw the authority that you gave your attorney to settle the case IF YOU DO SO IN TIME. Based on the facts that you presented, there is a binding settlement if your attorney has already accepted the settlement on your behalf (since you, in fact, authorized your attorney to do so). If you no longer authorize your attorney to settle the case, then you need to advise your attorney immediately and confirm in writing (i.e., email) right away. Maybe you can withdraw your settlement authority before your attorney accepts the offer. Unless and until you withdraw the authority, your attorney has the authority and obligation to settle the case in accordance with your prior instructions. You have to withdraw the authority before the offer is accepted. Time is of the essence.
Answer Applies to: Alabama
Replied: 2/3/2012
Kelaher Law Offices, P.A. | James P Kelaher
If he has not communicated your acceptance yet to the opposing party, yes, you can change your mind...but expect an argument from him. If he has communicate your acceptance, then you probably are stuck.
Answer Applies to: Florida
Replied: 2/3/2012
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
No, you can contact him and let him know you have changed your mind.
Answer Applies to: Nebraska
Replied: 2/3/2012
David F. Stoddard | David F. Stoddard
No, until a settlement agreement is signed, you can change your mind. However, if the attorney has told the other side he will take the offer, it does put him in a bad position. Also, if your attorney strongly recommends the offer, you may want to consider his advice. Often cases are worth much less than the accident victim thinks the case is worth. From my experience, and based on research from jury verdicts, litigants often get less in trial than they turned down.
Answer Applies to: South Carolina
Replied: 2/3/2012
Law Offices of Minh C. Wai, P.C. | Minh C. Wai
Whether you can withdraw the acceptance will depend on whether he has transmitted the acceptance to the other side. If he has done so, then the other side has an argument that you have a binding settlement. You should contact your attorney immediately to discuss whether he has accepted. Whether your offer was a good one or not should not depend on whether you are financially strapped for cash. The merits of the case should be the determining factor in how much is a good offer. Many times, the settlement reached in a case is less than the amount of money that you may have gotten at trial. However, going to trial may not yield you any more money either. Going to trial entails a certain amount of risk and additional costs and time expended. To guarantee yourself a result and to save the time/expenses, litigants are often required to give a discount by settling lower.
Answer Applies to: Indiana
Replied: 2/3/2012
The Margolis Firm | Charles J. Candiano
Nobody online can tell you what the case is worth. Call your attorney and tell them you want to talk before you consent to settle. If the litigation has been ongoing for 7 years, you owe it to yourself to sit down with your attorney so that you understand what your options really are. Make certain that you understand what is involved in preparing the case for trial as well as the possible outcomes. It may require large sums of money to pay experts, in advance, for live testimony or to provide evidence depositions. These are all costs which you will ultimately bear and which will therefore reduce the amount you receive. Understand that your attorney has no incentive to settle cheap because he gets a percentage of what you get. After 7 years, he has a great deal of time in the case, regardless of your perceptions.
Answer Applies to: Illinois
Replied: 2/3/2012
DEAN T. JENNINGS, P.C. | Dean T Jennings
You will have to fire the attorney and face those consequences as you made a commitment and you will not be allowed to back out of it now. Your present financial condition is not relevant to the value of your case. If you try to back out of the deal that you accepted the other lawyer on the side of the case will file to enforce the settlement and may win and you would be ordered by the Judge to live up to the terms of the settlement.
Answer Applies to: Iowa
Replied: 2/3/2012
Gilbert & Bourke, LLP | Brian J. Bourke
Yes, you can change your mind. Until you sign a written Release of all claims for a stated amount, your case is not settled.
Answer Applies to: California
Replied: 2/3/2012
Andrew T. Velonis, P.C. | Andrew Velonis
Since you didn't sign anything, you can change your mind. Your lawyer is certainly going to have a problem with that, as he has probably told opposing counsel that they have a deal, and you will be hurting his credibility by going back on your word. It could be that the offer is absurdly low, but it could also be that your concept of a fair settlement is unrealistic. It may be worthwhile to pay another lawyer a few hundred dollars to review the file and give an evaluation of the case.
Answer Applies to: New York
Replied: 2/3/2012















