I agree with the other posters, you need to talk to your attorney. Im sorry to hear about your physical problems.Are you paying your discovery costs yourself?Also, this is a first party case right? (you are suing your own insurance company). When you talk to your attorney, and I really encourage that you do so, ask if him if you can postpone your deposition until you are more physically able to participate (although you really should try to finish this as soon as you are able). If the insurance company will not agree to postpone, you could talk about a protective order--where the judge hears both sides and decides if you can have extra time. My experience with defense counsel, however, is that they are generally so busy that they do not mind a continuance or two. good luck!Ask a similar question
You need to have a meeting with your lawyer to discuss. If she or he won't, you need to demand a meeting. That's the only person who can determine this fir you.Ask a similar question
A settlement only happens when you and your opponent AGREE to an amount and other terms. In the meantime, you have a lawsuit filed and are preparing for trial unless and until the parties agree to a settlement. This means both sides must prepare for trial. Unless a settlement is reached first, or postponed by agreement, the deposition should go forward.
Regarding costs - as the opposing attorney is taking your deposition, there does not have to be any costs to you. Your attorney is not required to buy a copy of the transcript right away. Your attorney may continue to try to settle the case without buying a copy of the transcript. If the case settles before trial, the expense will have been saved. But if the case goes to trial, your attorney may need a copy to prepare properly.
I suggest you call your attorney's office and speak with his or her assistant about a status update.
depending on the insurance company, that is a possibility. however, if there was an offer on the table, then you can demand that the offer be accepted.Ask a similar question
You need to talk with your lawyer ASAP, not us.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.Ask a similar question
Yes. A settlement does not occur until both parties agree. If you are physically unable to attend due to illness or other issues, that may be another story. It sounds like you have an attorney. I would suggest you consult with him/her. Good luck.Ask a similar question
Yes you are. Just because you want to settle the case does not mean that the other side want to accept your offer for settlement.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
You have two issues, the case and your attorney.
First your attorney. You need to schedule an appointment and go meet with your attorney. Most attorneys are extremely busy, therefore you have to schedule a time for their undivided attention. Keep in mind most attorneys do not have time to meet or schedule multiple phone conferences in a day so gather your thoughts and have all of your questions prepared and ready to go.
As far as your case goes, remember you brought this case forward. NO ONE has to settle. I do not know any facts of your case, that is something you will need to discuss with your attorney. However, if you obtain a medical excuse for why you can not sit down and answer questions in a deposition I am sure the matter can be continued. Remember the other attorney (opposing counsel) is under a duty to obtain information and secure what your testimony will be in a trial should that matter go that far. There are no guarantees you are going to accept the offer they give you. So they need to finish discovery. You want out you can always dismiss your lawsuit.
This response is for general information only, no attorney client privilege has been established by this communication.Ask a similar question
If you're lawyer is ignoring your requests, then you should consider finding another attorney. This is your case. If you want your lawyer to try and settle your case, then, barring some unknown issue, that is what your attorney should be working toward. One option would be to see if your treating OB-GYN would write a letter stating that you are not physically able, at this time, to give a deposition. Such a letter could buy you some time and might allow your attorney to get your case resolved. In some cases, it does seem that opposing counsel is "working the file," so to speak, but the defense lawyer must justify any recommendation that they make for settlement to the insurance adjuster or claims handler. Good luck.Ask a similar question
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