Lawyer got a higher offer but I'd net LESS than the original — can I walk away?
So I'm in a weird spot and could really use some outside perspective.
I got rear-ended on the highway a few months back — herniated two discs and ended up with a pretty gnarly wrist injury on top of it. I have a pre-existing condition that complicated my recovery, so my medical situation has been a whole thing. Truck was totaled.
Insurance came in early with a lowball offer. I figured I needed help so I hired a PI attorney on a standard contingency arrangement. My lawyer went back and forth with the other side and did get the number up — genuinely a better gross offer.
Here's the problem: once you subtract the contingency fee, my outstanding medical bills, and the lien from my health insurance, my actual take-home is lower than what I would've pocketed from the original offer if I'd just paid off the car and walked.
I know that probably sounds backwards, but I've done the math like six times and it keeps coming out the same way.
So my questions for anyone who's been through this:
- Can I actually reject this offer even though my lawyer negotiated it? Like is it my call or theirs?
- Would I owe my lawyer anything if I say no? I don't want to stiff someone who put in real work, but I also can't afford to lose money on this deal.
- Is it normal for the math to work out this badly? Or am I missing something?
I feel genuinely awful even asking this because my attorney has been responsive and worked hard. But walking away with less than the original offer after going through all of this just doesn't sit right with me. Any thoughts appreciated.