now my attorney said my claim is going threw litigation right now. now how is litigation going to help me i never hit no body in my life been driving for thirty years. waste management is insured by gallager & basset.
Your lawyer is in the best position to advise you since he knows far more about your specific situation than any lawyer on Avvo would know. If Waste Management has filed a lawsuit, you have no choice but to respond to it and proceed with litigation. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
if you were injured in the accident and that is the reason for having retained an attorney, the only way to obtain compensation if the other party or its insurance company do not want to settle, or settle for a fair amount, is to process your claim "through litigation". If your attorney was hired by your insurance company its because the other party involved commenced a lawsuit. Your insurance company will pay for your attorney and if you are found liable in someway, will pay the judgment up to the amount of your policy limits. Just because a party started a lawsuit does not mean that tney will be succcessful in obtaining a money judgment. The facts and circumstances of the accident will determine if one or both parties share fault for its happening.
It is not unusual for litigation to begin over a year after an accident has happened. In most situations it takes time to fully assess the extent and permanence of injuries sustained in a motor vehicle accident. During the first year or so following an accident, investigation is performed, medical records are gathered, and most importantly the injured party receives treatment in an effort to recover. Until that treatment has significantly progressed and your doctor can give a true prognosis, it is difficult to do much with a case.
In my experience (and most other plaintiff's attorneys will probably agree), in the overwhelming majority of cases the only way to force a defendant to compensate you for the full extent of your injuries is to litigate the matter and proceed as if you were going to bring the case to trial.
The downfall is that this takes time. You should be patient and schedule an appointment with your attorney so they can explain the full status of your case. Good luck.
As my colleagues indicate, the insurance company does not want to settle. There could be questions about how the accident happened or the extent of your injuries or both. Either way, litigation is the next step. Sit down with your attorney to discuss the process and what you can expect.
Even in cases where liability is undisputed, the amount of money you are entitled for compensation or "damages" is often disputed by the defense. In such cases it is necessary to file a lawsuit to compel a fair settlement. Talk to your attorney about what to expect in the litigation process.
Unfortunately some insurance carriers take a hard line approach even when they are completely liable for the accident. Litigation may be the only way to resolve the case. Starting an action sooner, then later (i.e. waiting till the last minute and hoping the case will settle) is a proactive and proper approach. Cut your lawyer some slack, it sounds like they are moving this case along at a fast pace. Best of luck.
"Going through litigation" generally means that a lawsuit has been filed against the defendant. It is the normal course of things when the insurance carrier will not settle without the filing of suit. I suggest that you have a face-to-face meeting with your attorney to fully discuss the status of your case and get all of your questions answered. You are paying your attorney good money and you should turn to him or her for advice.
If this information has been helpful, please indicate below.
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.
Litigation means your claim is going through the legal process that will lead to either an out of court resolution or a trial. There are steps that must be followed by both sides along the way to assure that the rights of both sides are protected. The hope is that eventually a final determination will be made as to how your claim should fairly be resolved.
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