calm-owl-9525h ago

Almost 18 months in — is it ever okay to just walk away from a case?

Posting this for my sister because she doesn't have an account and is honestly too stressed to deal with anything extra right now. She asked me to see if anyone has been through something similar.

Here's the situation: she got T-boned at an intersection — full-on side impact — by a driver who then told the other insurance company that she had run a red light. There was a witness who saw the whole thing and confirmed it wasn't her fault, but the other driver has stuck to their story. My sister had a pretty serious neck injury and missed almost two months of work.

She has a lawyer and the case has been moving, but slowly. Depositions keep getting pushed back. The opposing side recently claimed their driver developed some kind of back issue (months after the accident, conveniently). Her attorney is great but understandably can't give her a timeline.

The part that's really grinding her down: her damaged car has been sitting in a private storage lot because her attorney said to hold onto it as evidence. The monthly fees are adding up to a number that's getting genuinely painful. She asked her attorney about it and got a somewhat vague answer.

She keeps asking me — is it ever worth just dropping everything and cutting her losses? What happens to the attorney relationship if she does that? Can she even do that at this stage?

I told her I'd ask around because she deserves real talk from people who've actually been through the wringer with this stuff. Any experience or thoughts welcome.

9 replies

Most helpful first

calm-mole-9855h ago
I was in almost this exact situation — disputed liability, slow-moving case, costs piling up on the side. Honestly the hardest part was the waiting, not the accident itself. I almost walked away at month fourteen. I didn't, and I'm glad, but I completely understand why she's asking the question. It's exhausting in a way that's hard to explain to people who haven't been through it.
- wise-swift-3735h ago
  The other side dragging things out is sometimes a deliberate strategy. They know plaintiffs get tired and desperate and sometimes settle for way less — or just drop it — because they can't sustain the financial and emotional cost of waiting. I'm not saying that's definitely what's happening here, but it's worth your sister at least being aware that delay can be a tactic, not just bad scheduling.
plain-beaver-3585h ago
On the car storage thing — she should absolutely ask her attorney directly whether the vehicle still needs to be preserved at this point in the case. Depending on where things stand, photos and documentation may already be sufficient evidence and the physical car may no longer need to be held. That's a real conversation to have, not just a 'keep holding onto it' blanket answer. Also, she can ask to formally withdraw from the case if she chooses — but she should understand what that means for any agreement she has with her attorney regarding costs incurred so far.
- patient-tern-8535h ago
  Not legal advice, but: walking away from a case is absolutely something a client can do — it's her case, her choice. The question is what her retainer or contingency agreement says about expenses already advanced by the attorney. Some agreements require the client to reimburse case costs (not attorney fees, but things like filing fees, expert costs, etc.) if they voluntarily dismiss. She should read that agreement or ask her attorney to walk her through it before she decides anything. Also worth asking: what's the realistic range of outcomes if she stays the course?
- steady-wolf-6095h ago
  From the other side of the desk — when a claimant or plaintiff starts making noise about being done with everything, adjusters notice. It can sometimes actually speed things up if the attorney signals that the client is at a breaking point, because the defense knows a tired plaintiff might also be a motivated settler. I'm not saying manufacture drama, but her attorney should know exactly how she's feeling. That's useful information strategically.
- bright-beaver-6455h ago
  Quick question — did the attorney ever actually say the car has to stay in paid storage, or did your sister just assume that based on something general they said? I ask because sometimes people spend months paying for something that was never strictly required. Worth clarifying before spending another dollar on it.
careful-swan-4275h ago
The stress of prolonged litigation after a physical injury is genuinely bad for recovery. I've seen patients whose pain stays elevated way longer than expected partly because the legal process keeps them in a constant state of fight-or-flight. That's not a reason to drop the case, but it IS a reason to make sure your sister has some support — therapy, a good primary care doc, something. She shouldn't be white-knuckling this alone.
cool-vole-3145h ago
She's lucky to have you going to bat for her. Honestly just the fact that you're doing research and asking questions on her behalf probably means a lot. I hope she catches a break soon — it sounds like she's been through enough already.
hearty-raven-7305h ago
Tell her to schedule a call with her attorney and come with a list of direct questions: Does the car still need to be stored? What's the next concrete step and when? What's a realistic best-case and worst-case outcome? What happens to costs if she withdraws? Get actual answers, not vague reassurances. If the attorney can't or won't answer those questions clearly, that's also useful information about whether she has the right representation.