susanshook
New Member
- Jurisdiction
- Illinois
if i file a wrongful death suit against a driver and a company, the lawyer i hired gets mad because i will not except the settlement offer and drops me, can that company comeback and sue me
if i file a wrongful death suit and then my attorney drops me
- Thread Starter susanshook
- Start date
adjusterjack
Super Moderator
What company?
The driver's company (employer)?
The insurance company?
The lawyer's company?
Sue you for what?
It would help if you provided some details about the accident, the settlement and why you wouldn't accept it and what you are worried about.
The driver's company (employer)?
The insurance company?
The lawyer's company?
Sue you for what?
It would help if you provided some details about the accident, the settlement and why you wouldn't accept it and what you are worried about.
zddoodah
Well-Known Member
For starters, a lawyer who has filed a lawsuit on your behalf cannot simply "drop" you. If an attorney has appeared as counsel of record for a party in a lawsuit, the attorney can only withdraw from representing the client by the client's consent or a court order. Most courts will not allow an attorney to withdraw solely because the client has rejected a settlement offer that the lawyer.
So, with that in mind. Did you consent to your attorney withdrawing? Did the court grant a motion to withdraw? If the answer to either of those questions is yes, are you now acting as your own attorney?
As far as your question, when you asked if "that company [can] comeback [sic] and sue" you, I assume you are referring to the company that you sued. Correct?
I'm not really sure what "combeack [sic] and sue" might mean. However, if P sues D1 and D2, it is certainly possible for either or both of D1 and D2 to file a counterclaim against P. That said, it would be rather unusual for the defendants in a wrongful death lawsuit to counterclaim against the plaintiff.
Last edited:
army judge
Super Moderator
Okay, let's approach this by exposing you to what a jury or judge is required to do to determine what a potential award might be in a wrongful death cases.
I'm not going to lecture you.
I am going to supply you with two well written pieces by Indiana lawyers who practice in this area of tort law.
Please take time to review them, then return with things that seem unclear.
http://www.indianatortlaw.com/Personal-Injury-Articles/Wrongful-Death-Law-in-Indiana.pdf
https://www.wagnerreese.com/injury-help-resources/indiana-wrongful-death-lawsuit-guide/