How long does it takes to settle a lawsuit?

Asked about 5 years ago - Brooklyn, NY

On may 2007 I was involved in a car accident while driving home. I obtained a lawyer for my protection and was out of work for 3 months and had to go through therapy for that time. My injury was back neck and right wrist. There was many tests but no surgery thank god. My injuries was considered sofe tissue damages what ever that is. I spoke to my lawyer and he said that there was an offer of 3000 dollars (Laughing) but how long will it take before they really start dealing with my case and how often do they discuss a deal? Or when should it go to court? I would ask my lawyer but he never return my messages and his office workers dont seems to know anything... Thanks

Attorney answers (3)

  1. Edward Anthony Tini

    Contributor Level 10

    Answered . I am sorry for your accident and subsequent difficulties you are experiencing with your current attorney. As stated previously by my fellow attorney, soft tissue injuries such as yours are often more difficult to quantify. In NY an actionable injury must be serious enough to meet a certain threshold. This typically includes severe fractures, broken bones, and some types of soft tissue injury. Your summary lacks sufficient detail with respect to your treament to give more specific guidance. However, there is no justification for an attorney not to respond to reasonable requests for a status update. I agree that you should schedule a meeting with your attorney and complel him/her to let you know what is going on. Has the case even been filed? if the attorney refuses to meet with you or provide you with satisfactory information you may have to report it to your local bar Association or Grievance Committee. I respectfully suggest that this is a last resort and should only be taken if all reasonable steps have been taken to first work this out with your attorney. Good Luck!

  2. Ronald Anthony Sarno

    Contributor Level 20

    Answered . There is absolutely no law that you must stay with the same lawyer. If a trial date has not been set, you can look for a replacement lawyer. Soft tissue injuries refer normally to displacements of the neck and bank discs; they can cause intense pain but since no bones are broken, many insurance companies wait out the payment of any real money. A personal injury suit can take up to three years before it is filed since both sides want complete medical records. Litigation after the suit is filed can take a few more years;I cannot give you an exact figure. NYS is notorious for the length of time it takes to resolve personal injury suits. Keep in mind that insurers are not knocking down the door to give you money. I have personally settled some within a year, and I have had others that have taken more than 6 years to resolve.

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    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to New York State law. However, generally, I would recommend that you write to your attorney and request a face to face meeting in his office at which time you would like him to review the status of your case and how New York State law applies to your situation. New York State, I believe, has certain thresholds which must be met in order for you to collect for pain and suffering.

    If your attorney is not responsive to your request, you may wish to file a complaint with the New York state regulatory agency for attorneys. You may also wish to consider finding new counsel.

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