What are the consequences of canceling the lawsuit due to car accident? Do I have to pay extra fees to the lawyer? If, How much?

Asked over 5 years ago - Boston, MA

I was involved in a car accident and got injured. The lawsuit was filed a few years ago. I got a notification from my lawyer for few week ago regard to meet in order to prepare to testimony. However, i do not want to involve in this case anymore. What is the consequence of canceling the lawsuit? Would there be fees involved? If yes, How much?

Attorney answers (2)

  1. Bobbi-Sue Doyle-Hazard

    Contributor Level 5

    Answered . You should read the fee agreement that you have with your attorney. You SHOULD have a fee agreement with your attorney! I'm going to guess this case was taken by the attorney on a contingency basis, meaning that you would pay him/her if you won the case. In the fee agreement, there should be language as to what happens if you decide to cancel the lawsuit. You may have to pay for the filing fees and any time/cost the attorney has put into the case.

    What you really should do is find that fee agreement (your attorney should have given you a copy) and read it through. Then, call your attorney and discuss the fact that you want out. He/She will tell you exactly what happens now. As for the lawsuit itself, you may not be able to re-file if statute of limitations runs so keep that in mind.

  2. Marc Lawrence Breakstone

    Contributor Level 8

    Answered . If your fee agreement says that you are responsible to the attorney for reasonable out of pocket expenses, then you may have to reimburse your lawyer for the money she has spent on the case, in the event you want to dismiss the case. Call the lawyer, tell her that you want to discontinue the suit and see what she says. If you have a contingency fee agreement with the lawyer, you probably do not owe the laywer any money for time spent on the case. In any event, call the lawyer and work out the issue of outstanding expenses.

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