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Fri Dec 4, 2020, 11:58 AM

Looking for a lawyer who can give me advice about a personal injury lawsuit.

I was hit by a driver, eventually filed suit and now I don't want to deal with it for a number of different reasons, the main one being my mental health. I just need to know the best way to get out of it. Ignore the lawyer and let them withdraw or fire them? Which one has liability? Lawyer strikes me as potentially vindictive. Any help greatly appreciated.

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Reply Looking for a lawyer who can give me advice about a personal injury lawsuit. (Original post)
58Sunliner Dec 4 OP
marybourg Dec 4 #1
The Velveteen Ocelot Dec 4 #2
Big Blue Marble Dec 4 #3
Laelth Dec 4 #4
58Sunliner Dec 4 #6
Laelth Dec 4 #7
Pantagruel Dec 4 #5

Response to 58Sunliner (Original post)

Fri Dec 4, 2020, 12:01 PM

1. Talk to your lawyer and tell her what you want to do.

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Response to 58Sunliner (Original post)

Fri Dec 4, 2020, 12:03 PM

2. Tell the lawyer you don't want him/her to represent you, and ask them to

return your file to you. But before dropping the case altogether it would be a good idea to talk to another lawyer and have them review your file because you should be really sure you want to give up the case before you do it. Also, legal advice you get on DU is worth what you paid for it. Talk to a second lawyer to be sure your rights and obligations are covered.
This is the DU member formerly known as The Velveteen Ocelot.

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Response to 58Sunliner (Original post)

Fri Dec 4, 2020, 12:08 PM

3. Seek advise from another attorney,

especially if you have concerns about the attorney.

Otherwise, be honest and tell your attorney you can no longer continue your case
and you would like to drop the suit.

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Response to 58Sunliner (Original post)

Fri Dec 4, 2020, 12:20 PM

4. Lawyer has worked hard on your case (presumably for no money).

I suggest keeping the lawyer and asking her (or him) to simply settle the matter as soon as possible. That way, lawyer gets paid SOMETHING for all that work. You will get a little. Presumably, your medical providers will get the bulk of the settlement money, but somebody has to pay for those medical services. Nobody expects doctors to work for nothing.

It irritates me to no end that many Americans assume lawyers work for free. We donít. We canít. We have bills to pay too, and if you just up and fire your attorney after he or she has done a ton of work for you, he or she will be rightly angry, yes. However, because he or she is a lawyer, he or she is NOT likely to be vindictive. He or she will write it off as a loss, probably, but it will be a LOSS that was caused by your unwillingness to proceed with the lawsuit.

-Laelth

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Response to Laelth (Reply #4)

Fri Dec 4, 2020, 01:00 PM

6. I appreciate your concerns about the lawyer, but it has been an adversarial relationship.

They have not been supportive nor helpful. Not going to go into the history, but lack of trust is an issue. This lawyer already told me over the phone if they offer me a small amount I should just take it. They complained about small costs like getting medical records. They also think I am going to spend a day in a room getting deposed during a pandemic. My doctors have been paid already. But thanks for the concern.

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Response to 58Sunliner (Reply #6)

Fri Dec 4, 2020, 01:10 PM

7. If you don't trust your lawyer, it's best to end that business relationship.

An effective lawyer/client relationship requires trust, and if you donít FEEL that, look for a way out. If nothing else, I hope I shared how I think your lawyer is going to feel about it, and I hope that helps you in making decisions going forward.

-Laelth

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Response to 58Sunliner (Original post)

Fri Dec 4, 2020, 12:41 PM

5. You mental health issues

stem from the accident and become another cause of action. You need to suck it up and stay with the lawsuit or you'll be stuck paying for future therapy yourself.
If opposing counsel hears you dread being deposed or testifying, your lawyer has his hands tied and you will far more likely be made to recount your issues. Don't tie your lawyers hands but do let him know an early settlement would be ideal.

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