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It's been four years since my auto accident. The person who was driving got their settlement. When will I get mine?

Wallingford, CT |

I was a passenger in my friend's car that got hit from behind . It was determined to be the other cars fault that hit us . My friend got his settlement 1 . 5 years after the accident . He ( after all bills and fees ) got 10 , 000 dollars . Four years later I haven't gotten a settlement through my lawyer , nor have I even given a deposition . My lawyer has also asked another lawyer to assist him on my case ( my lawyer didn't even let me know , i was informed via a letter from this new lawyer ) It came to my attention that the insurance company offered a settlement of 2500 but my lawyer never even let me know that an offer was made . What are my rights with this . I've had little to no communication with my initial lawyer over the last 4 yrs . I would have to call monthly for updates that weren't even available

Attorney Answers 9


  1. You can certainly change lawyers. I would ask for a written status update along with your attorney's plan to move the case to conclusion. If you do not receive a satisfactory response, I would consult with another lawyer.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


  2. You can call your attorney's office and schedule an office meeting with your lawyer so that he can update you on your case. You also have the right to change your lawyer in a personal injury case.


  3. Quite frankly, it sounds as if your original attorney is not experienced in personal injury. Regardless, seek and retain another lawyer. Any attorney's fee issues will be resolved between the outgoing attorney and your new attorney - you do not pay two attorney's fees.


  4. Set up a face to fact meeting with your lawyer. Talk to your lawyer about your questions and concerns.


  5. Let me preface this by saying that I handle Pennsylvania automobile accident cases. I can give you general information but you can get more specific advice from a Connecticut lawyer.
    Unfortunately, your problem is not all that uncommon. I get calls from people who complain that they know nothing about their case and/or can't get in touch with their attorney. I find that most attorneys in the Philadelphia, Pennsylvania area are on top of their cases, but we do run into situations where for one reason or another, the attorney won't get back to them. It might be that the attorney is too busy. It might be that he attorney doesn't know enough about Pennsylvania automobile accident cases to advise the client properly and will not call them back. It might be the attorney did something wrong and is avoiding the call.
    It is important to get an attorney that has the time, staff, and resources to handle your case.
    Now I don't know anything about your situation, but I can tell you that you deserve to know everything about your case. Demand a face to face meeting with the new attorney/old attorney or both. Tell them to have your file with them. Bring someone with you that you can trust to help you understand what is going on. I find that it is better to have two "sets of ears." If you are not happy with what you hear OR the meeting is not scheduled, you have the right to get a new lawyer and it should not cost you any additional money from your settlement.
    Good luck and I hope you can straighten this out with your lawyers.


  6. I assume that your lawyer filed on this case, and didn't blow the statute of limitations, or a legal malpractice lawyer would go after his professional liability insurance. I'm assuming it was filed, and you could switch lawyers at any time by simply sending a termination letter, but best bet is to discuss the status with your lawyer first.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. Having handled a great number of personal injury cases in CT, I can assure you that the amount of time that has gone by as far as your case is concerned is not surprising. I am also not surprised that your lawyer asked another lawyer to help him with the case. I actually derive quite a bit of business from referrals by other attorneys. All that being said, I think the biggest problem with your situation is the total lack of communication. I would demand a sit down with your lawyer to go over the case and to determine why your case was transferred without your knowledge. You certainly have the right to obtain another attorney, however, I would wait to get all the facts prior to doing so. If you speak to your lawyer and find that you have lost your trust and faith in him or her, then by all means you should seek other counsel. Just make sure you have a good understanding of where your case stands prior to doing so.


  8. I suggest that you write a joint letter to both of your attorneys, requesting a face-to-face meeting within the next 10 days to discuss the current status of your claim. If you are not satisfied with the response that you receive from both attorneys, you may wish to file a complaint with the bar disciplinary counsel.

    Legal Disclaimer:

    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.

    Legal Disclaimer:

    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.

    This ans. does not create an attorney/client relationship.


  9. Apparently, your initial attorney is not an experienced one. You shall meet him as soon as possible and find out the current status. Make sure he filed your case already or you will be out of luck. You always can retain a new lawyer for your case, but you have to balance a few factors such as your current lawyer's costs.

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