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How long does it take to settle a personal injury case in Virginia?

Asked about 3 years ago - Virginia Beach, VA

I have a personal injury attorney, however I have not met him personally. I only talk with his paralegal. This case is an auto accident. A drunk driver hit me and caused whiplash. I am still seeing doctors for pain relief. His paralegal says they cannot settle this case until my doctor has released me. This case is now 9 months old. I have asked for reassurance that this case is still going forward. Should I stay with this attorney or find someone else more aggressive?

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Attorney answers (3)

Jeremy Richard Rosenthal

Reputation Level 11

Answered about 3 years ago. Personal Injury Lawyer in Denver, CO.

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Personal injury cases can take a long time before a settlement is reached. Your attorney is waiting for your treatment to be complete in order to assess the value of your case. Your attorney is being diligent and waiting to settle your case for the most value.

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Gordon Charles Webb

Reputation Level 8

Answered about 3 years ago. Personal Injury Lawyer in Bellevue, WA.

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This is not about aggressiveness. This is about professionalism and providing client service. You are unhappy because your attorney is not communicating with you and keeping you apprised of progress in your case. Get his or her email and ask for an update. If he or she doesn’t respond, and you continue to question the handling of your claim it is time for a new lawyer. Note, however, you should review your Fee Agreement because based on the behavior, this sounds like the type that will stick you for fees.

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Gordon Ralph Levinson

Reputation Level 13

Answered about 3 years ago. Personal Injury Lawyer in Carlsbad, CA.

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The reason they can't settle your case until you are done treating is that your case hasn't reached its full value potential, and your attorney doesn't want to settle with the carrier and leave you with unpaid bills for all treatment that occurred after your demand was mailed. It sounds like you and your attorney need to finally meet one another and get on the same page.

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