Everett, WA asked in Medical Malpractice and Wrongful Death for California

Q: Can you get another trial after you agreed to settle with a different lawyer

Recently my brother passed away he went to the hospital at 5 in the evening and then died at 2 a.m. that night after they sending him home saying that everything was fine they knew for 7 years that he had a heart disorder and never told him my sister-in-law recently sued for wrongful death but I believe she has a very not worthy lawyer and they agreed to settle for something that I don't believe is correct can you get a different lawyer in a different case

2 Lawyer Answers
William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You can get another attorney, but it is difficult to find an attorney to step in to a case when he has to share fees with the first attorney. It is easier if the first attorney withdraws. He wouldn't have a claim to fees and a new attorney has a better chance of making a profit. You won't know until you start calling around.

John Karas
John Karas
Answered
  • Temecula, CA
  • Licensed in California

A: If I understand your question correctly, your sister-in-law sued for wrongful death but only on behalf of herself. Typically, other family member file a Joinder and participate in that lawsuit as if they had been named as Plaintiff's.

If not, as long as any Release and Settlement Agreement she signs doesn't release the party being sued from other claims/lawsuits that could be made/filed by other relatives of the decedent (like yourself), you should be able to sue that other party for Wrongful Death as long as the Statute of Limitations hasn't expired.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.