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About Richard L Carranza
Expertise
Any questions/issues dealing with either Personal Auto or Commercial Auto auto claims (Collision, Comprehensive, Total Loss valuations, Bodily Injury claims, Property Damage claims (1st and/or 3rd party), etc... I can help you understand your coverage(s) and help you present and persue your claim against your own insurance carrier or the insurance carrier of the "other party" involved...

Experience
35 years+ in the Property & Casualty Insurance industry in various positions (from Claim Rep to Claim VP)

Previous #1 rated Expert in this catagory for AllExpert.com....

Organizations




Education/Credentials
BS Managerial Science - Manhattan College (NYC)

 
   

You are here:  Experts > Autos > Auto Insurance > Auto Insurance Claims > my lawyer is playing a game

Auto Insurance Claims - my lawyer is playing a game


Expert: Richard L Carranza - 2/19/2009

Question
QUESTION: My lawyer is pushing me to accept a small settlement and I refused to take it.can he play games at the trial ?iknow that he's friend with the defendent lawyer. Advise me please .

ANSWER: Please clarify "play games".

You mention "trial"... is this matter presently scheduled for trial?

What is the nature of the claim?  Auto accident?

Has the attorney explained why he's recommending a settlement number that you appear to be uncomfortable with?

You can discharge your present counsel if you are so inclined and go get yourself another attorney but that's awkward and some attorneys may not be interested in getting involved plus your original attorney would more than likely have a lien  on any eventual settlement.

Provide replies to the above plus additional info you're comfortable providing and I'll further reply...



---------- FOLLOW-UP ----------

QUESTION: Hi,yes it is an auto accident,iwas apedestrian.the trial is scheduled next month.and playing games because the number I'm getting is a fraction of what  I'm suppose to get.I have permanent injuries with pain and suffering 24 hours .thank you very much .so my q is :can he make my case look horoble at the trial ?

ANSWER: You didn't answer my main question.... what has your attorney told you as to why he thinks you should accept a number you have problems with?

If the attorney "lays down" at trial he/she can potentially get in trouble with the local Bar Association, etc so I seriously doubt he/she will do that.

You do not have to accept what your counsel is recommending and you can try the case to conclusion and see what a jury has to say as to the value.... your call.

Get back to me with a response to my question and I will further advise.......



---------- FOLLOW-UP ----------

QUESTION: Hi,thank you for your time.ok the only 2 reasons he told me that will affect my case are:the jury in that area are conservative,and because my ethnisity :arabic.he said someone from the jury may not like your ethnisity.the other reason is :maybe I will be 20 to 25/100 liable for the accident.that'all.do you think it 's fair .please advise me.thank you again.

Answer
If you are in a conservative (v liberal) jurisdiction that is an obvious consideration.

Also if you were partially at fault (say 20-25%) then your full value number would be reduced by that contributory negligence.

Lastly, juries do unfortunately consider such items such as ethnicity and if you are from the Middle East the likelihood is that a jury will unfavorable consider that.

What your attorney has told you about reasons for a reduced number (reduced from what you want) makes sense...

Hope and trust that the above helps...

Please take the time to rate this response.


Thanks


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