Monday, December 20, 2010

Why Settle?

Often times when an injured party initiates an action in court, they have questions about the process, especially if this is their first time trying to navigate the legal system. One of the most prevalent questions is “why should I settle my case”?

In order to answer that question, the client will look to his or her attorney for advice. Settling the case for a number that is fair is a great resolution for all parties involved. The problem arises when the attorney advises the client to settle their case for an amount that is unfair.

There are times when attorneys screw up by failing to properly value a client’s case. This sometimes occurs when the attorney improperly advises a client to settle his or her case for an amount that is much lower than what the case is worth. Other times it occurs when the attorney fails to advise a client to settle for a reasonable amount and the client ends up with a verdict or settlement much lower in the future.

Although results are not guaranteed, attorneys do owe their clients appropriate advice regarding what is or is not a proper resolution for their case. The failure to provide a client with appropriate advice is malpractice and the injured party should be compensated by the attorney who screwed up.

Each case is different regarding the time it takes to settle. Your attorney should be working with you during the settlement process and advising you of your options. If your attorney is pressuring you to settle your case for an amount that is too low or too early on in the process, get another opinion on the value, get another lawyer or contact our office today to discuss your potential legal malpractice options.

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