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Attorney 1
Attorney 1, Attorney
Category: Personal Injury Law
Satisfied Customers: 2447
Experience:  Knowledgeable and Experienced Attorney
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If you give a deposition in a case can you be kicked out of

Customer Question

If you give a deposition in a case can you be kicked out of the lawsuit?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

A deposition is a way of gathering information in a lawsuit. It is part of the process and does not terminate a party's involvement. However, if you are not a plaintiff or defendant, but only a witness, there's a chance that after the deposition is taken, your further involvement will not be needed That's because after all of the discovery process is complete, both sides have all the information they're likely to get and settlement usually follows.

I hope this information helps. If you need additional information or clarification, just let me know. I'm here to help. If I have a dreddressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 1 year ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

Customer: replied 1 year ago.
My daughter was involved in a lawsuit with 6 other girls against the owner of a drug rehab program. The other was sexually inappropriate and sexually aggressive, etc. My daughter gave her deposition and then died 2 a month or so later. The lawyers settled the case about 6 weeks after her death. They said she had one of the strongest cases but they dropped her from the lawsuit stating the reason for dropping her was because she was dead and that it was California law.
Customer: replied 1 year ago.
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Expert:  Attorney 1 replied 1 year ago.

I'm so sorry to hear the of the circumstances. It is true that, under California law, the plaintiff's claims and causes of action are extinguished upon the death of that plaintiff. That said, you are not prevented from bringing a wrongful death claim if you feel the rehab center contributed to circumstances surrounding your daughter's death. That particular statute of limitations begins to run on the date of her death and is a completely separate action that you may or may not choose to pursue. Your daughter's prior deposition testimony is admissible in any such lawsuit.

I hope this helps. If you need additional information or clarification, just let me know and I'll continue to provide assistance. If I have addressed your issue, please remember to leave a positive rating when prompted.

Best of luck to you and your family.

Attorney 1