Many people who have experienced an accident caused by negligence, end up hiring a personal injury lawyer for legal representation. That is almost always a good decision to make because by hiring an attorney for your accident case, you’ll be assured that your rights are fully protected and that you will get the best possible resolution for your claim.
Your attorney must operate within certain ethical boundaries that are set forth by the state. These ethical duties are very strict and numerous. First and foremost, an attorney is an advocate for a client. The attorney must operate and make decisions for a case that are fully for the benefit of the client.
One of these ethical duties is the requirement to report to the client any and all settlement offers on the client’s case. Whether it be an automobile accident, a pedestrian accident, a bicycle accident, etc., it doesn’t matter what type of personal injury case it is. For any injury claim, the insurance company will be, from time to time, making offers of settlement. Your attorney must inform you of these settlement offers.
When your attorney informs of these offers, he or she will likely be counseling you as to whether or not you should accept a given offer. Ultimately, you are the client, and it is your case, so therefore, you are the ultimate decider as to when and for how much money your case will settle for.
It is strictly prohibited for an attorney to settle a Massachusetts personal injury claim for a client without the client’s consent. Failure to follow this very strict and unforgiving rule can subject the attorney to disciplinary action by the Massachusetts Board of Bar Overseers. Therefore, your attorney can never, under any circumstances, settle your personal injury claim without your express consent.
Once you agree to settle the case, the insurance company will provide to your attorney a written release of all claims. This release operates as a binding contract in which you agree that an exchange for receiving the settlement money, that you will be forever barred from bringing the same claim in the future.
Shortly after receiving the signed release from you, the attorney will send it to the insurance company, and then the insurance company will ultimately pay the settlement money with a check that is sent to your attorney. Once your attorney receives the check, he or she will sign the check, and then you will sign the check, and that check will be deposited into the attorney’s escrow account. Once those funds are clear, then your attorney may disperse to you your portion of the settlement.
If you have any questions pertaining to personal injury laws in Massachusetts, please contact the Earley Law Group Injury Lawyers today at 617-444-7777 for your full no-obligation case consultation.
