Your case is NOT near settlement. You said "I've been going to physical therapy and am currently seeking other medical help due to having sleep problems and all types of stress since accident." Your attyorney would likely be committing malpractice if he tried to settle before even knowing all your bills and diagnosis (as future bills would not be covered). Be patient. If you push him now, he may quit your case due to very unrealistic expectations. No settlement talks should happen before you finish treatment.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
This is a common question from clients. The answer though depends on a lot of things. First, how quickly do you recover? What insurance company is on the other side? What are you claiming as damages? How much insurance does the other driver have? You need to talk to your attorney. He is in the better position to help you answer this question. Good luck.
The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
a case settles when both sides can reach an agreement. In other words cases settle when they settle. What you ask when will my case settle it is like asking how high is up.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
The answer is always "It depends." How much insurance does the driver have? The more in coverage, generally the longer it takes. You are not at "maximum medical improvement" so neither your lawyer nor the insurance company can clearly assess the value of your damages. The DUI element is a big issue in evaluating your damages but not the only one. Even a "quick" settlement can take 6 months to a year.
I have to agree that "it depends" on many factors. The at-fault person's insurance coverage, your extent of damages which includes past, present and future medical care as it relates to your injuries. Lost wages should also be considered(a little trickier with your circumstances). You need to have a good understanding on where your medical care is going and how extensive it will be moving forward.
If the at-fault driver pleads guilty to DUI, it helps but is not conclusive. You should speak with your attorney about your concerns but you want to be careful, rushing things can harm you in the sense of not discovering all of your injuries that relate to this matter.
Focus on getting better will be the best thing you can do so once you are cleared to work you can return as quickly as possible.
Be careful and speak with your attorney about your concerns.
This response is for general information only, no attorney client privilege has been established by this communication.
Every case is different, and as attorney Ashman and the other posts have correctly stated, it does not sound like your case is anywhere near settlement. Since you are currently represented, this is something you should discuss with your attorney to determine what courses of action you have in terms of moving your claim forward. You should also discuss with your attorney if there are other sources of income which you can pursue while you are unable to work, such as Social Security Disability, short-term or long-term disability insurance, or other options, and I am sure they can assist you with guidance and/or referrals in these areas as well. I wish you the best both with your claim and with your recovery.
Timothy M. Klob
Klob Law Firm
Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia and Tennessee for non-Federal matters with a primary focus on personal injury and workers' compensation, and is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.
There is not a specific anwer to your question because there are many different factors that determine the length of negotiations. Your attorney cannot properly evaluate the case until the criminal charges have been concluded and the court's disposition obtained; you have finshed treating for the accident and been released by your doctor(s) or reached maximum medical improvement; all your records and bills have been collected; and any reports which may be needed concerning the degree of permanent impairment and/or relationship of your treatment to trauma have been obtained. Then, and only then, can a demand be prepared and negotiations commenced. Attempting to "speed up the process" is more likely to damage the case value than get you more money for the claim.
This advice is for general guidance only and applies to Virginia. The applicable laws may differ in other states.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.