The attorney for my personal injury case waited until two months before the statute of limitation expiration date to send out a demand lette...

Question

The attorney for my personal injury case waited until two months before the statute of limitation expiration date to send out a demand letter, then in a last ditch effort to keep the case active, filed a lawsuit in my name without notifying me.

Now I'm finding out that the cost of depositions, mediation and other expenses that I'm potentially liable for may exceed the low end pretrial settlement value of the case. The attorney says that he won't know the cost of the deposition until after it's over. What is your take on my best options at this point?

Answer

There are things that can be done to keep costs down.

If this is a PI case, chances are you are paying your lawyer on a contingency fee basis.

However, you are still responsible for expenses.

There is no rule that your attorney has to take depositions. He can use written discovery for information about the case.

The other side can have depositions. While you will not have to pay the court reporter, you will have to pay for the depositions taken by the other side.

Some counties, such as Bexar County, offer free mediation services

Ultimately, your lawyer is in charge of strategy. However, so he can choose the appropriate strategy, you need to make sure he knows what you can and can't afford.

The burden of proof in a civil case is a "preponderance of the evidence". Whoever has the most evidence in their favor will win. Hence, your lawyer's job is to accumulate the most evidence in your favor.

While case strategy is up to your lawyer, whether to accept or reject a settlement offer is your decision.