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I currently have an injury case with my lawyer against mcdonalds.Does it affect me if I just drop the case?

Indio, CA |

I havent gone to court I am attending therapy and seeing doctors to check my injury.My partner is pregnant my baby is almost due.I Need to start working disability only give me $650.00 a month and that doesnt cut it.Can I just drop the case so that I can provide for my family?or will I get charged for everything and get in trouble with the law?

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Attorney answers 7

Posted

There would be no legal ramifications for dropping a case. Whether there might be costs, while possible, should be unlikely. Schedule a meeting with your attorney. Hopefully, there is something he/she can do for you rather than simply walk away. Good luck with the incoming.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Posted

You are not going to get in trouble with the law if you decide not to pursue your claim. However, there is always the chance of being held responsible for any medical/hospital/etc. charges that you have incurred. You really should sit down and talk to your attorney before making any brash decisions. Best of luck to you and congrats on the baby!

Posted

You can drop the case. Depending on your contact you might have to pay fees. You should have a candid discussion with your attorney before you make this decision. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

Posted

Just because you go back to work doesnt mean you have no case. I assume this is a workers comp case? You still may have a permanent disability worth something. If it is a Personal injury case, going back to work doesnt mean you have to drop your case. Talk to your atty.

Edward R. Yaghoubi

Edward R. Yaghoubi

Posted

I agree. You don't need to drop your case because you need to go back to work to support your family. In fact, you should be mitigating your damages. You need to consult your situation with your current attorney.

Asker

Posted

I dont want to go back to work at mcdonalds again because ever since I got injured they started treating me different and their only going to give me a little bit of hours 2 days out of the week.Can I go work somewhere else and still have my case open?

Asker

Posted

I dont want to go back to work at mcdonalds again because ever since I got injured they started treating me different and their only going to give me a little bit of hours 2 days out of the week.Can I go work somewhere else and still have my case open?

Asker

Posted

I dont want to go back to work at mcdonalds again because ever since I got injured they started treating me different and their only going to give me a little bit of hours 2 days out of the week.Can I go work somewhere else and still have my case open?

Posted

Call your attorney to discuss any fees you may be responsible for, or check your fee agreement.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Asker

Posted

I dont want to go back to work at mcdonalds again because ever since I got injured they started treating me different and their only going to give me a little bit of hours 2 days out of the week.Can I go work somewhere else and still have my case open?

Posted

You can drop your civil case anytime by filing a request for dismissal, but you may owe your lawyer for their work and any costs advanced on your behalf. In addition, if you have filed and served your lawsuit against McDonald's and you just dismiss it without their agreement to waive costs, they will be deemed the prevailing party and can file a costs memo for the recoverable costs under Code of Civil Procedure Sections 1032 & 1033.5. Talk to your attorney before you take any steps on your case.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Posted

If you have filed a complaint and the defense has submitted an answer, you will typically need to get the defendant to sign a voluntary dismissal, which will operate to waive any claim they may have to recoup their costs. Otherwise, you may potentially be liable for their costs.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

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