Legal Question in Civil Litigation in California
Consolidating Cases
Our Father was tortured and finally killed in a nursing home. Seven family members became a part of the suit. The insurance carriers want a quick settlement and four of the family members agree,I and two others disagree and want to press criminal charges which are allowed for elder abuse in California. Can the three of us drop out of the suit leaving the other family members to continue their case and get another Attorney to handle our case. And if we do so will the courts force us to consolidate the cases and leave us right back where we started?
Thank You,
2 Answers from Attorneys
Re: Consolidating Cases
Who was in charge of your father? Is their a signed Power of Attorney to that effect? If the insurance company is already accepting liability it sounds like you have a solid case and are entitled to fair compensation. Assuming we can prove to a jury that they were negligent in the care of your father along with proof of torture a jury would see that this company needs to be punished. In civil terms that means punitive damages which can run in the seven figures. However, this sounds like a very complex case and I cannot give you a definitive answer regarding the damages and possible avenues of recourse without more information. If you would like to discuss this case and your rights, as well as your father's rights please feel free to contact me at 888-563-8529. The call and the consultation are free. I look forward to speaking with you. If you do not contact me please call someone befor anyone signs anything and you lose your right to punish these animals for what they have done to you and your family.
Re: Consolidating Cases
I dont envision the insurance company settling the case with only 4/7 plaintiffs settling. Why would they settle with some and have to litigate against the rest? It seems to me that the DA should be the one pressing the criminal end of the case. You are only permitted to pursue the civil lawsuit. Is your lawyer recommending the settlement? Are they offering the policy limits? How good is the liability of the case? You three who do not agree to the settlement may hire your own lawyer. Your new lawyer can hold out for more money and press the litigation until a fair offer is made. Please feel free to call me to discuss your matter and your options further. Thank you. Steven E. Weinberger