My case seems very clear cut but no progress bas been made? What can I do?

Asked almost 2 years ago - Tampa, FL

I was at a red light 2 years ago. A car rear ended me going around 50 mph. I hit the car in front of me. I have 6 bulging discs, two herniated discs, slight scoliosis, restricted movement daily as a result. Medical bills total $18,000 and damage to my brand new car was $5,000. I would assume my case is clear cut. At fault driver has $50,000/$100,000 coverage. I believe 12-15,000 is fair compensation after all bills are paid. Why has there been no progress made in settling this case?? For over a year it has been the same answer or ignored calls or not returned messages from my representation. I only call once a month. Am I screwed? What can I do?

Attorney answers (10)

  1. A. Russell Smith

    Pro

    Contributor Level 11

    25

    Lawyers agree

    Answered . There can be many reasons why your case does not seem to be making progress. For instance, a claim for injuries sustained in a crash between two private vehicles cannot usually be brought unless you have suffered a permanent impairment as a result. This requires you to reach maximum medical improvement, first. So, if you are not completely healed, your case often cannot be brought until then. There can be many other reasons , as well.

    When people come to me seeking advice because they are not happy with their current lawyer, I always advise them to make an appointment with their lawyer, meet in person, and clear the air. Often, communication disputes can be cleared up that simply. I suggest you try to do this. If you still aren't satisfied, you can consider seeking other counsel.

    Please remember that Q & A forums such as this one are intended to provide general information, not specific legal... more
  2. Amir A. Ladan

    Pro

    Contributor Level 16

    23

    Lawyers agree

    Answered . I have edited your practice area to include Personal Injury and Car Accident Cases so that you'll have a better shot at getting PI lawyer to look over your question. If your lawyer fails to communicate with you, you can always have someone else take on your case but your current lawyer may have a right to file a lien against your proceeds for his or her efforts and costs to date.

    Best of luck!

    Posting an answer to your question does not create an attorney / client relationship such that you can or should... more
  3. Joseph Julius Registrato

    Pro

    Contributor Level 15

    22

    Lawyers agree

    Answered . I take it you have a lawyer working on this personal injury case, as opposed to a criminal defense lawyer. You have a right to get a straight answer from your lawyer about the status of the case and If you're convinced the lawyer is dragging feet, you can get a new lawyer.

  4. Michael Shemtoub

    Contributor Level 17

    23

    Lawyers agree

    Answered . Accident cases can take a while to settle. However, if you feel you are being ignored or wrongfully represented by your attorney I would seek another attorney. At anytime you can fire your attorney and seek other legal counsel. I would not suggest attempting to handle this matter without legal counsel.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  5. David S Katz

    Pro

    Contributor Level 13

    20

    Lawyers agree

    Answered . Repost in personal injury section. You posted in DUI. If you are unhappy with your lawyer, fire them and hire a new one.

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney... more
  6. Benjamin J Lieberman

    Contributor Level 20

    21

    Lawyers agree

    Answered . you should discuss this with your attorney. If you are not satisfied with his/her representation consider getting a new attorney.

  7. Arthur Charles Fulmer

    Contributor Level 4

    18

    Lawyers agree

    Answered . I recommend that you contact your current lawyer and request a specific time to meet in person or talk via telephone with him or her to address your concerns. There are many reasons delays can occur. If you still are unhappy with the progress of your case, you can hire another attorney to assist you.

  8. Jonathan Hackworth

    Pro

    Contributor Level 16

    18

    Lawyers agree

    Answered . I recommend contacting your attorney again, maybe calling twice a month or emailing. Most importantly, let him know how you feel about the progress of your case. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  9. Martin Macyszyn

    Contributor Level 7

    16

    Lawyers agree

    Answered . You are far from being hurt by the delay; some cases take years to resolve. From what you have said, liability doesn't seem to be an issue. In addition, the injuries seem severe. However, the insurance company may be thinking that they are degenerative in nature or from a previous incident.

    The best option is speaking with your attorney regarding the situation and the delay in your case. Your attorney will be able to tell you exactly why the insurance company hasn't paid out on the claim.

  10. Manuel Alzamora Juarez

    Contributor Level 20

    12

    Lawyers agree

    Answered . i HOPE YOU HAVE A LAWYER REPRESENTING YOU., BEST OF LUCK.

    This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Accidentes de California: 510-206-4492. It... more

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