Can I Make My Lawyer Try My Case and Get More Money than the Settlement Offer?

I was hurt in a car accident that wasn't my fault.  I filed a lawsuit with the help of a lawyer.  We have a trial in two weeks.  I was offered some money but I don't think it is enough.  My lawyer thinks it is and he has advised me to settle the case.  Can I make him go to trial and get more money?

Yes, you can reject the settlement and say that you want a trial.  However,  just because you go to trial you will not necessary get more money and your lawyer will not be able to promise you that you will get more.  In fact, it is always possible that you could get less.

I obviously don't know whether the amount of money you have been offered is a fair amount or not.  I do know if you hirer the right lawyer, that is, if you did the work necessary to identify the right lawyer to handle your case, you should have confidence in his or her judgment about what is in your best interest.  You have the right to reject that lawyer's advice, just like you have the right to reject the advice of a doctor or any other professional, but when you do so you are substituting your judgment as a person unexperienced in the legal process for that of someone who is experienced in the process.

How do you go about hiring a lawyer whose judgment you can comfortably accept?  Read here.

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About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

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