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Can i get sued for starting a lawsuit and then not wanting to go through with it after a couple of years ?

Alachua, FL |

i brought a bat to school , the dean saw me with it and did not take it away from me ,just told me to put it down when in class, i got called to get checked out and when i was walking to the office a high schooler came up behind me and slammed me took the bat and beat me with it , my lawsuit is for negligence beacuase the schools staff failed to remove the weapon when they saw it .. but now its been a couple of years since i filed the lawsuit and now they want to do a deposition and im just fed up with all the hassle , so i didnt show up for deposition can the school sue me? or can my lawyer sue me for doctor bills ect...

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Attorney answers 4


It sounds like you need to have a serious discussion with your attorney.

Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Vicary strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


Before you walk away from a legal matter that you started, you need to be aware of a couple of things. This is not just a "boy cried wolf" scenario where everyone shakes their heads and wags their fingers at you. Over the past two years since you have filed the lawsuit, the school system has undoubtedly incurred a great deal of legal expense in preparing to defend your suit. That is money that they have to pay their legal team! What your lawyer can or should receive will be based on the contractual agreement between you and your lawyer. Most likely, doctor bills, court filing costs, etc., will be due regardless of whether or not you continue with the suit. There has probably been a lot of filing of paperwork between the two teams of lawyers (yours and the schools) that led up to this point. Speak with your attorney. Be frank about your misgivings (if you have some) and have him/her be honest about where you stand and what would or could occur if you just drop it. Maybe your attorney can come to a settlement agreement with the school that would get you off the hook for their legal costs. Good luck.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


You need to talk to your lawyer. There are consequences if you just disappear. Your lawyer will come after you as well as the school board for money. You made a commitment to your lawyer when you brought him your case. The case must have had some merit for a lawsuit to have been filed. An attorney generally will not invest that kind of time and money unless he or she thinks the case has merit. Talk to your attorney about a settlement.

Lawrence J. Marraffino
Gainesville Board Certified Civil Trial Lawyer
Gainesville Accident and Injury Lawyer

This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.


Talk to your lawyer ASAP. Yes

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