Millville, NJ asked in Personal Injury and Products Liability for New Jersey

Q: Is agreeing to dismiss a case without prejudice wise advice?

I have very serious injuries that have at times made me question why I even want to go on. My medical care is expensive and I need money for treatment. A number of people were injured similarly and my case was put in the MDL. My lawyer wants me to agree to dismiss the case without prejudice. He said that he'll be able to "negotiate" with the company, but he can do that without dismissing the case. He said if they don't agree to the amount we want he'll take it to trial in our state because it will be out of the MDL. I don't think the company would agree to that unless there was some benefit in it for them. Then he began talking about how I can invest the lower amount I get and in 5 years have enough to live comfortably. It sounded to me like a letdown. Am I right? Any advice?

3 Lawyer Answers

H. Scott Aalsberg Esq.

Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Without knowing all the facts about your case it would be improper for a lawyer to tell you what to do does it sound a little different than normal yst but your lawyer could have a good reason. As for taking less today to avoid a trial 5 years from today that is common.

Tim Akpinar agrees with this answer

Peter N. Munsing

PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: As your lawyer gets paid based on what they get for you, the average lawyer would not agree to something that is going to reduce your amount. However if it is an MDL case that also means there may be issues of causation, that are quite complicated. What makes most sense is to understand why he is talking about a dismissal, what your statute of limitations is, and why it's being suggested.

Tim Akpinar agrees with this answer

Tim Akpinar

Answered
  • Products Liability Lawyer
  • Little Neck, NY
  • Licensed in New Jersey

A: It would be difficult to analyze the best course of action without seeing the file and knowing your attorney's reasons for the strategy, among other factors. Good luck

Tim Akpinar

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