Legal Question in Personal Injury in California
Want to back out of lawsuit, trial has started
I was in an accident in 98 where my passenger was killed and I suffer from permanent head injury (not too life altering). My attorney has not informed of procedures or current agendas. He notified me yesterday that trial would begin yesterday. Also did not tell me I would have to testify. Other plaintiffs also suing same defendant in semi-consolidated case. Trial has started and I want to back out. The emotional damage that testifying or being present will bring me is not worth any amount of money. What ramnifications will I suffer for doing this? Can I do this? Can defendant come after me fees even though they still would have done and will do the same proceedings for the other plaintiffs? Can my attorney charge me even though he has been useless? HELP!!!
3 Answers from Attorneys
Re: Want to back out of lawsuit, trial has started
Backing out of the trial now would be very bad. Your attorney undoubtedly has put up a lot of his own money to help you out. Also, the other people in the case are counting on you to participate. They probably need you to testify in order to win the case.
You must find a way to go forward. This is no time to quit. The time to quit was before filing the lawsuit, before giving your deposition, and before the attorney answered ready at your trial call. There have been a lot of people who have gone to a lot of trouble for you and your cause. You are tired and frustrated. This injury and the death has taken a huge toll on you and your family. This is the last inning. You are near the end. Finish this thing and see it to the end with dignity and honor. Do not quit. Ask your attorney how you can help.
Re: Want to back out of lawsuit, trial has started
Of course you can "back out." The defendant will be only too glad to get a dismissal from you. But to avoid costs, you will have to negotiate your dismissal. It should not be difficult. You say that your attorney has been useless, but you will be asked to pay him a reasonable fee. The law entitles him to that. If he has, in fact, been useless that "reasonable fee" would not nothing. Highly unlikely.
Re: Want to back out of lawsuit, trial has started
(1) Carefully read your retainer agreement and you'll find some of the answers;
(2) If there was a statutory offer to compromise (CCP 998 offer) made then you may only avoid the costs by carefully negotiating your dismissal with the defendant.
(3) You may also be liable for costs under other statutes if you dismiss without defendant's consent not to pursue costs.
(4) I hope never to get a client like you who will bail out at the very last moment.
GOOD LUCK!!!
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