You can fire him and retain a new attorney. However he will still be entitled to a portion of any settlement. Therefore you are likley to have a problem finding a new attorney to take the case. I understand your frustration and I am very sorry for your loss. Unfortunately in our legal system all the punishment that you can extract is money, a very unsatisfactory compensation for the loss of a son.

I do not know the facts of the situation or how much you are being offered in a settlement. When you are evaluating a settlement the first place to start is how much money is available for a settlement. Usually that is the policy limits of the available insurance. Then you look at the negligence and the percentages to be apportioned to the parties. Then you look at jury awards in your area. I am sure that there is an experienced mediator in your area. Have your attorney set up a meeting and have the mediator give you an opinion on the likley result of a jury trial.

You can always go to a jury trial. If you insist on that here your current attorney is likley to opt out and you will have to find a new attorney anyway. If the mother was home they are liable and I agree with your decision not to settle for that offer. Ask your attorney to set up a mediation.

He should be able to set up a mediation before trial. Ask him to explain why you will not get anything.