Rancho Cucamonga, CA asked in Personal Injury and Workers' Compensation for California

Q: Can I close my work injury lawsuit at anything if I wish not to proceed?? Can a settlement be set at a Deposition

7 Lawyer Answers
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: If you have a lawyer representing you, you might owe him or her some fees for the time put in the case. If you are handling the claim yourself, you probably can drop the case at any time if you want to. A settlement and a Deposition are two different things. I assume you are talking about a Worker's Compensation Case. If you continue your case, you can ask for a settlement at any time, but these cases usually go to a hearing with a worker's compensation Referee presiding; and the settlement offer is based on the ratings of your injuries according to set written standards. A back injury may be worth several thousand dollars, but loss of an eye might be worth a lot more. If you are subpoenaed for a deposition, you must attend the deposition. If you want to terminate your case during the deposition, that is it up to you.

My answer to your question is based on the few facts that you gave me, and I do not have all the facts. I have given you my best guess. Good Luck.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: My client, I and the defense attorney have signed the settlement instead of going forward with the Deposition a few times. The question is how much money are you expecting? Typically the offer before beginning the deposition is only 'nuisance' value, putting the cost of getting the case dismissed into a settlement to close it now instead of later, maybe just $1,500. The defense attorney has no requirement to make any offer before the deposition. If you are ready to accept a minimal offer now, don't post questions here, WRITE YOUR LAWYER IMMEDIATELY AND DEMAND A CONFERENCE about getting the case closed prior to the deposition.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: If you have a lawsuit, then that is a question to ask YOUR lawyer who knows all the facts.

if you want to drop a case you can.........but if you have a lawyer i would think s/he would have a right to bill you for his services.

you can settle a lawsuit anytime both sides agree on a figure.

if they have an outstanding offer and you agree to accept at depo then you can accept then.

Dr.  Peter Marc Schaeffer Esq.
Dr. Peter Marc Schaeffer Esq.
Answered
  • Workers' Compensation Lawyer
  • Riverside, CA
  • Licensed in California

A: Yes to both questions is the short story

A: If you are Pro Se you need to file a motion to dismiss if you do not want to proceed forward. Additionally, a deposition and a settlement are 2 different things. A mediation is a setting where a settlement can take place. A deposition is a setting where a court reporter is present with an individual while Counsel ask questions to the deposed.'

Alex Ozols
Alex Ozols
Answered
  • Huntington Beach, CA
  • Licensed in California

A: Yes you can close out the case at any time. Depending on your contract with the attorney you probably won't owe them anything but you might.

You can settle the case at a deposition but that would be something you need to talk to your attorney about.

Christian Braid Pezzaglia
Christian Braid Pezzaglia
Answered
  • San Jose, CA
  • Licensed in California

A: I don’t believe you are required to litigate anything, however you should discuss with your worker’s compensation attorney the consequences of not proceeding. If you are considering a settlement, that is also something to discuss with your attorney as it may affect your right to future benefits such as medical care.

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