Can I re-open a case if I feel that the settlement was too low?
Question Details:
My husband was killed at work, his employer moved his body and everything before the police arrived. I hired a lawyer who told me we had to prove he used the safety chain and since we couldn't he advised me to settle for $30,000. Since doing so, I was told that I should either hire another lawyer to reopen the case, or I should sue my lawyer I used for misrepresentation. Am I able to do this? What can I do?
I am very sorry to hear about your loss. In a situation involving a fatal injury at work, there are potentially two separate types of legal actions available. The first is a workers' compensation claim. A workers' compensation claim does not require that you establish that the death was the result of some other party's negligence or mistake. All that is required is that the accident occur at work, while working. The second type of claim is a personal injury claim. In order to prevail in this type of action, you need to establish that someone else acted negligently, or without appropriate care, and the death occurred as a result. You can be entitled to substantial damages in a personal injury case. A few additional details are necessary to determine what type of settlement you could be potentially entitled to, and whether it is possible to claim further damages. Do you know if the attorney filed a workers' compensation claim, a personal injury claim, or both? Also, have you signed a release and received your settlement? Are you still working with the attorney, or has the representation ended? You need to act on this, because there are deadlines for both workers' compensation claims, as well as personal injury claims. I am a MI workers' compensation and personal injury attorney that practices throughout the state. I can be reached via e-mail at mth2000@yahoo.com. Thank you.
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney client relationship or privilege between the user and the attorney responding.

You don't say if your late husband's employer was covered by workers' compensation--that is an option, if they were and it wasn't taken. I don't exactly know how the lawyer you used misrepresented your case, but you might be able to sue him for incompetence. In any case, you can and probably should consult another attorney (you might want to get recommendations from the state bar association) and see what he or she advises.


Are you a lawyer?