my mom was killed by a car walking across a street 5/08..how long does a case like this usually take before going into court? the accident report came back last year & we are still waiting.
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Also, we do have an attorney but wondering why it is taking so long to be heard in court.
Have you talked to a wrongful death attorney? There are deadlines for filing a civil suit after a wrongful death, so I'd recommend contacting a local attorney soon. If your question is about a criminal case, it's hard to say. It could be delayed for many reasons. Again, a local attorney should be able to help you understand what's going on. If you need a referral, let me know. I'm licensed in Illinois, but I can recommend an attorney in your area who may be able to help, or at least give you a free consultation.
As I am not licensed in your state, I cannot offer you specific legal advice as to New Jersey state law. However, since you are currently represented by counsel, it would not be appropriate for other attorneys here to comment specifically on your case. I would suggest that you arrange a face to face meeting with your hired attorney and get clarifications of the status of the claim from him or her. It is not unusual in many states to have long delays in reaching trial.
First of all, I am so sorry for the tragic loss of your mother. From your question, I am unsure if you filed a Complaint with the court already so it is difficult to give you a time line as to what you should expect. I am licensed in New Jersey and I would be glad to discuss this case with you free of charge. Please give me a call at 973 467 1060 with any questions.
Please disregard my previous post. I missed the part where you indicated that you were currently represented by counsel. It is unethical for me to correspond or speak with you while you are represented by another attorney, so therefore, please refrain from calling me. Thank you and good luck.
Getting civil cases such as this to trial can take some time. In California (I don't know about NJ) it can take up to 5 years from the date the complaint is filed in court. Stay in communication with your attorney. Your attorney is in the best position to answer your questions and know the status of the case. Best of luck.