QUESTION
What would be the consequences if I dropped a personal injury lawsuit in the middle of it?
Asked on Jun 21st, 2011 on Automobile Accidents - Oregon
More details to this question:
I'm in the middle of a sue case and I was thinking about dropping it to just get rid of everything. What would happen if I were to just drop it?
17 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Generally in Ohio, the answer to your question will depend on the contract you have with your attorney and it may depend on the type of claims that have been asserted in your case.
Answered on Oct 25th, 2012 at 1:47 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Probably nothing. Your lawyer might ask you to reimburse him for any money he has laid out. He would also technically be within his rights to ask you to compensate him for his services. But, I doubt he would ask for that.
Answered on Jun 23rd, 2011 at 10:08 AM
You can drop your personal injury claim at any time. If you have a layer, you may be responsible for his or her costs. If your statute of limitations has expired, droppinfg the case may mean that you are not able to bring it back to life if you later change your mind.. You should talk to your lawyer and discuss the consequences.
Answered on Jun 22nd, 2011 at 2:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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if there is no claim against you, you may take a dismissal at any time. You might absorb some costs. Filing fees etc .
Answered on Jun 22nd, 2011 at 2:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I would speak with the defense attorney first and get a written agreement that you would dismiss the case if he will enter into a mutual release (so the defendant would not pursue you for taxable costs)
Answered on Jun 22nd, 2011 at 2:47 PM
Please retain and consult with a personal injury attorney. Expenses possibly have already accrued on both sides and have to be dealt with by all parties in the lawsuit as well as the opposing party has to agree to a dismissal of the lawsuit in many cases..
Answered on Jun 22nd, 2011 at 2:47 PM
Theodore W. Robinson
If you drop the case in the middle, the attorney who has been putting in all the work on the case will possibly sue you for the costs he/she has extended on your behalf and may sue for the time spent by him/her on your behalf. They don't often do that, but they can. Why not simply finish the case and get it over that way? Good luck.
Answered on Jun 22nd, 2011 at 2:12 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You would certainly owe costs. You should discuss this with your attorney ASAP.
Answered on Jun 22nd, 2011 at 2:12 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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It's possible you could be responsible for the other party's costs. However, you should speak to your lawyer about bringing an immediate resolution and what the possibilities are for you. At a minimum, you should be able to negotiate that neither party obtains costs so that you all can just walk away.
Answered on Jun 22nd, 2011 at 12:05 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If the other side consents, you are free to drop your case without penalty. You may owe your attorney some money, depending on what your written fee agreement provides. If the other side does not consent to a dismissal of your lawsuit, you could be liable for some court costs and possibly some or all of the other side's attorney's fees.
Answered on Jun 22nd, 2011 at 11:37 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it is a good case, your lawyer, if you have one, might be upset and might want some sort of fee for all his/her work. You will not be allowed to refile at a later time. Other than that, nothing, unless it is a frivolous suit. There is a law that says the defendant can sue you for filing a frivolous suit. Of course, if it is frivolous, you will lose anyway, and you are better off do drop it now. If they do have a suit for a frivolous suit, their damages will be more if you continue to pursue it. If it is a decent suit and you have a lawyer, I would at least ask the other side for an offer and take it. Something, even a dollar, is better than nothing.
Answered on Jun 22nd, 2011 at 11:23 AM
If you drop a personal injury case you won't recover any money. Also, if you have an attorney, you might be liable for the attorney's expenses incurred in pursuing your case.
Answered on Jun 22nd, 2011 at 11:02 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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You may have to pay the costs of the other side and you could be compelled to pay the other side's attorney's fees and costs depending on whether they have made you any offers.
Answered on Jun 22nd, 2011 at 10:26 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Several things could happen. If your attorney is advancing costs, you would likely become obligated to pay your attorney for those advanced costs. If you just simply dismiss the case, the other side can file a Memorandum of Costs for their recoverable costs, which would result in a judgment against you. Simply dismissing is not a wise idea at all. If you really want to bail out, your attorney should try to get the best deal possible and then settle. If they are offering nothing, then you need to request a waiver of costs in exchange for a dismissal. If they agree, and they almost always do, this would prevent the cost judgment against you.
Answered on Jun 22nd, 2011 at 10:10 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Depends on type of case and what ha gone on to date.
Answered on Jun 22nd, 2011 at 9:52 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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If you drop your lawsuit you would receive no compensation for the other side and likely would be responsible for all of the costs in the case if you have a lawyer who has been fronting the cost of litigation.
Answered on Jun 22nd, 2011 at 9:51 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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You could be ordered to pay costs for the other side. If you are interested in dropping the case, see if the defense will waive any costs and fee.
Answered on Jun 22nd, 2011 at 9:51 AM