my question is this the insurance has had my file since august my lawyer has sent in a demand and they are saying they're still reviewing my file ok they had it since august and it's going into November so by the 1st I need to tell my lawyer to file a motion and prepare for trial i'm sick and tired of this and I right for doing this someone give me advice
Divorce / Separation Lawyer
It isn't going into November. It is mid-October. It's been about 6 weeks. Have some patience. Speak with your lawyer. There is nothing we can do to help you in this simple online forum.
Personal Injury Lawyer
Workers' Compensation cases take some time. Contact your lawyer and let him or her know about your concerns.
This answer does not constitute legal advice and no attorney client relationship has been formed. Before choosing a course of action, it is always advisable to seek the advice of an attorney in your area.
I know months is much time to normal folks but not to lawyers or claims adjusters.
Be patient. Insurers make $ the longer the case lasts before they pay out, so understand the competing forces here and trust your lawyer since he wants to get paid too.
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.
1. You are WRONG.
2. If your attorney files a Motion for Hearing in an undisputed case, the adjustor will assign counsel and you will have guaranteed yourself SEVERAL extra months because the defense attorney only gets paid UNTIL the case settles. HE has less than NO incentive to settle. You may even buy into depositions which could cost you thousands.
3 You hired an attorney and you will be paying him/her a fee. Why not seek their advice, including WHY they recommend the course they do?
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I agree. File a motion and set it for trial.
I agree with what most have said here, except that I typically file
The reason is because, if the case is not disputed, then I typically find that more often than not, the motion gives the adjuster a reason to contact me because typically they would like to avoid having to send the matter out to defense counsel. If the case is being disputed, then it only serves to move the process along to its ultimate conclusion - trial. So, you might as well get it moving sooner than later.
Just remember though, that just because a motion for hearing is filed, does not mean the matter will actually proceed. There are many things that can delay trials. If an attorney needs to be assigned and comes into the case just prior to the haring, he/she will ask for time to review the file, maybe even set up an independent medical evaluation and so forth. If doctors have already given opinions in the case, it may still be necessary to depose them. There is a lot of prep work that must be done before a hearing, so certainly you will have to be patient. The process is not the most efficient and takes time.
Although this would by my approach, I would certainly discuss this with your lawyer as he/she may have a better understanding of where they are with the adjuster or opposing counsel on your case. Good luck.