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I have a car accident a settle was no offer at this time now is time for a law suit how long will take to reach?

Chicago, IL |

I have a car accident on December 2011, the driver was a fault person, he deny the fault to his insurer, after 6 months was no settle, now my attorney transfer the case to a trial attorney, this is good? what are my chances to recover my Doctors bills money and the total loss money from my car? how long can take? this is common in car accidents law suits?

Attorney Answers 5

Posted

Every case is different but it can take years to reach trial.

You should have your lawyer answer all these questions, as that is his job.

Your lawyer should try to recover your medical bills, the permanent damage you incurred, lost wages, and the deductible you paid to repair your vehicle. Talk to your lawyer and he can explain the specific permutations to your case's facts.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email:  stephen@hofflawyer.com
Website:  www.hofflawyer.com
Blog:  www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

I agree with Counsel. Here in New Jersey it can take up to three years to get to trial. Please be patient and work with your attorney to make sure that your case is as strong as possible. I have found that the most prepared clients rarely go to trial, as the insurance companies settle.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

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Posted

I agree with Attorney Hoffman-You should make an appointment with your attorney and ask all these questions. Generally, if the other side denies fault, your only option is to take the matter to litigation and go to trial.

I hope this helps

The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship

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Posted

I for one, think it is a good thing that your case was transferred to a trial attorney.Believe it or not, insurance companies sometimes will persist in denying a claim no matter how nicely you ask. But, the denial does not need to be the last word. When the insurance company sees that a trial attorney with a good track record of success is ready willing and able to prove the case in the courtroom, they may re-evalute. If not, then a jury can decide.

Being a trial attorney myself, a significant portion of my case load comes on recommendations of other attorneys in situations like this. Likewise, when my clients come to me with a difficult situation in an area of law that is outside of my expertise, I will recommend someone else. I believe that the client is well served this way.

Good luck with your case. Here in Chicago, it can take a long time to get to trial, but that is the best path to take in the case of an insurance company denial.

Steven A. Sigmond
Law Office of Steven A. Sigmond
345 N. Canal #1208
Chicago, IL 60606
(312) 756-1186
steve@siglaw.com

This answer is general information and should not be considered "legal advice." Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case.

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2 comments

Asker

Posted

in my case the driver admitted guilt. so would i still need to hire a trial lawyer? and if not, how long should the case take to seattle

Steven Adam Sigmond

Steven Adam Sigmond

Posted

Yes, you will still need a lawyer. Fault is one half of the formula, damages are the other. Many times, after it becomes difficult to continue fighting about fault, an insurance company will then fall back to saying something like "OK, maybe it's our driver's fault, but your weren't injured". When that argument fails, the next one is that it may be their driver's fault, and you may be hurt, but the injuries weren't caused by the accident. If you think that an admission of fault will equate to a quick, easy & fair settlement, then you must think that insurance companies are motivated by fairness alone. There is no telling how long it takes a case to settle, it depends upon what each side wants, amongst other things. You can't force anyone to settle, you can only force them to come to court (and that's what makes most cases settle). Yes, in my humble opinion, you still need a lawyer. Feel free to call me if you'd like to discuss the particulars of your case in private. Steve Sigmond (312) 756-1186

Posted

All of these questions should be posed your trial attorney. You should meet with your trial attorney and have a written contingent fee agreement with that attorney.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein 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 within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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