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I have a car accident case that have been going on since 2010, and now it's 2013 I have had schedule abritration hearing that

Chicago, IL |

Have been canceled twice I have been to one hearing though, and my statement was recorded, why is this taking so long is this normal?

Attorney Answers 8

Posted

There is no "normal." Everyone heals on their own schedule. Your attorney is the best person to ask these questions. It is not unusual for an arbitration to be continued.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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Posted

What county is the case pending in? That often makes a difference. It sounds like you're almost at the end of the road. I hope the arbitration gets rescheduled soon. Hang in there.

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Posted

1-2 years is normal. 3 is getting to be a bit much, but nothing nuts. What are they disputing? Some issues are tougher to resolve than others, like vertebrea injuries caused by low speed accidents.

Discuss this with your attorney.

This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.

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Posted

Many factors come into play with settling a case. Scheduling conflicts between the arbitrator, the parties, and their attorneys slow down the process. If you have an attorney, he or she may be attempting to settle the matter, which can lead to cancellations of proceedings. Generally, the legal system works slowly.

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Posted

Cases can take many years. If the arbitration was rescheduled several times, this can be due to motions the parties make with regard to reopening discovery, unavailable witnesses, or scheduling conflicts. It can also be an excuse to delay things by an insurance company that uses time as a tactic, as many do.

The statement you gave was a deposition. The arbitration is more like a trial, albeit a much faster one. Either side can reject the arbitration award and proceed to trial. Having sat as an arbitator for almost twenty years, I can tell you that they are often a good way to understand the strengths and weaknesses of each side's case and can lead to settlement in the right circumstances.

Incidentally, I have had cases go on much longer than this, so you are not unique.

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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8 lawyers agree

Posted

Sit tight, as you sound like you are on the home stretch.

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1 comment

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Home stretch may be relative, as cases can often take on a life of their own if the arbitration award is rejected. If you factor in things that can happen, such as silly motions to reopen discovery (even if denied, that eats up a month or so), motions to change judge to whom assigned for trial, and other nonsense, it can actually take more than a year to go to trial after arbitration. And this is significantly faster than it was a few decades ago.

Posted

Sounds like you are almost at the end of the road, so be patient

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Posted

Sometimes the thing that you need most is patience. The one thing you did not mention is when the case was filed with the court. I presume that you were in the auto accident in 2010 and required medical attention for a while. Sorry to hear of the delays, but you need to hang in there.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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