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I'm involved in a case for couple years now, and my lawyer can't determine a approximate settlement. why is that?

New York, NY |

Settlement issues

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Attorney answers 11


Your question does not provide us with enough information for any of us to respond with a meaningful answer.
Why don't you arrange to sit down with your attorney face to face and go over your case in detail? Your attorney should be able to explain to you what the status of your case is, how long it will take to proceed to trial, and what exposure if any do you face at trial if the trier of fact (be it the jury or judge) finds against you or what the recovery for you can reasonably be expected to be.

If you do not leave that meeting completely satisfied with all of your questions answered, you should consider using the Avvo find a lawyer function to locate a new attorney.

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


Is your treatment ongoing, have you had surgery, has an "independent" medical examination(s) been completed. Your lawyer may have very good reasons. As a general rule, any lawyer who comments on value before all the necessaries have been done is irresponsible at best. Furthermore, any lawyer who comments on another scenario is disingenuous. Does your lawyer special in personal injury litigation.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


You do not provide any information to help you. There are too many factors that come into play. Is your attorney an experienced Personal Injury Attorney, or a Jack of all Trades?

Mr. Pascale is licensed to practice law in the State of New York. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


Are you still treating? Is surgery a possibility? After a couple of years I would expect a lawyer to at least be able to give some range of potential settlement value.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Jeffrey Mark Adams

Jeffrey Mark Adams


Disagree with you on this one, Eric.


Assuming your attorney is an experienced personal injury attorney, he/she is probably not in the position to give an opinion at this point. There are many factors that go in to the value of a case not all of which are actually related to the injury itself.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


Your lawyer should be able to come up with a ball park figure for your case. Even if you have ongoing treatment and the possibility of future surgery, I would think your attorney could formulate a demand for your case. Its not that difficult.


There is no magic formula for determining when a case is ripe for settlement. Unless an attorney is comfortable with his/her knowledge of the extent of a client's injuries, they cannot make a recommendation for a fair settlement number. Occasionally, this could take years, when a client's prognosis is not easily formulated.


A plethora of factors go into putting a number on a case. Sit tight.


It would be irresponsible to comment on the competence of your lawyer without knowing the facts of the case and your damages from the accident., etc. If you are not satisfied with the way that your case is being handled and the answers that you are receiving then I would suggest that you contact other lawyers with experience in personal injury cases.


Your attorney should be able to evaluate the value of your case. The components of lost wages, conscious pain and suffering, past present and future medical reds and costs and the adverse impact your injuries have on the quality of your life are the guiding aspects to case evaluation. Contact myself or any of the NY attorneys at AVVO for a second opinion.

The responses provided to your questions are not legal advice, do not create any attorney client relationship, and are provided for informational purposes only.


There could be many reasons for this. Case values depend on a number of factors. if you have not reached a conclusion for your treatment (a medical end result), then your attorney should be waiting to value your claim. You should make an appointment to discuss this with your attorney in any event.

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