Auto Insurance Claims: Lawyer settled my claim, chronic myofascial pain, correct diagnosis

Question
Hello Richard, I was involved in a car accident on 09/11/07 where the other driver was at fault. I had suffered a broken left dominant hand and two weeks later noticed pain throughout my body. I didn't retain a lawyer till 12/07 because I was handling everything myself. But after my family and husband kept telling me to get a lawyer, I obliged. Then in January of 2008 I was told by my doctor that I have fibromyalgia. I asked my lawyer if she can handle my case and is she familiar with this syndrome, to which she replied yes. She informed me that this may be tricky to max the other driver's policy of $100,000 because the medical experts say it is a 50/50 disorder (genetics and/or trauma related). So I figured ok I will keep her and pray all goes well.  Not once did she lead me to believe that we couldn't go further and get closer to the number we wanted. Then the offer came, insurance company came to the table with $17-22,000, of course I rejected it.  Another offer followed of $36,000 and I rejected it again.  So my lawyer wrote a letter to the insurance company of me getting another $8,750.00 for lost wages. During this time, I had seen another doctor, a rheumatologist to be exact and he stated I possibly have chronic myofascial pain and fibromyalgia, but wanted to wait till blood tests came back to be given correct diagnosis. My lawyer calls me on a Thursday, the day I had seen the rheumatologist and asked how it went.  I told her what he said and that the blood tests will be back next week. I went on to say that this puts us in a different playing field, more favor for me. She didn't say much, but that we would wait and see about next week what happens with the results. Then on Friday, she says the insurance company responded to the letter and called her with an offer of $39,000 and she settled! She didn't even consult with me first because she knew I wanted to wait on the blood test! We had a chat on the phone prior to the latter offer and she said something about, do you want to settle with the next offer, it was just between us because she didn't want them to pull the offer and leave me with little.  So I agreed yes, but not until I first heard what it was! So I told her how could she do this without informing me first of what it was and she said if she could do it all over again, she would have told me first. But now that this is settled, she told me we cannot take it back because it would be breach of contract. I was furious with her and we just went in circles on the phone, getting nowhere with each other. I know this is lengthy, but what are my rights? I am awaiting a call from the CAP people to hear what they have to tell me.  Do I have to sign those papers that come my way? Please give me some kind of hope.

Answer
Hi Jackie,

I'm sorry you're having such a tough time.

Unfortunately, I am not a lawyer. The question you have is one that can only be answered by an attorney. This may be a case of attorney malpractice. You will need to seek the advice of an attorney in your state that specializes in attorney malpractice.

I hope this helps
Richard Hixenbaugh