Old woman car crash case...

by Melissa
(San Diego, California)

I was rear ended by an old lady. I dismissed my attorney before the settlement with the insurance company. I would like to know how I get the bill from the attorney who has a lien on my settlement, and what should I do with the insurance company next?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Old woman car crash case...":

Any person is entitled to represent themselves in a claim for personally injury damages. Since your attorney likely did some work on the case, before you release him you will want to ask him for an itemized statement of the hours that he put into the case (as he is entitled to a "quantum meruit" share of your settlement).

Rather than a percentage such as 33%, he is only entitled to the hours he actually put into this case. This would amount to things such as ordering records, talking to the adjuster and drafting a demand letter, for example.

As far as the insurance company, inform them in writing that you have released the attorney and will be handling the case on your own. Advise them that they will need to direct all further correspondence related to this case to you. It is YOUR case, so you steer the ship.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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