Cases take a long time in the Bronx. No one can predict the outcome based on the little you said. Speak with your lawyer.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 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.
Nobody here can tell you what the outcome of your case will be. Even if you'd given us some facts to go on and explained your injury to us, there is no way to predict what a jury will do. Those of us who practice in the Bronx might be able to narrow things down a bit by sharing our experience with you, but I am loathe to step on your lawyer's toes by trying to evaluate his or her case in this forum. Only the lawyer who is handling the case is in a good position to evaluate it.
What I can share with you is that the trial part in Bronx Supreme is usually backed up. A case can be "on” many times before being sent out to pick a jury. 5 years is on the long side for most cases (2-4 is a good range to work with), though it is not unheard of for a premises case in the Bronx to go that long. I don't know what you mean when you say the judge passed on your case for a settlement. Do you mean there was a settlement conference and nothing happened? Has your lawyer explored mediation with a third party company like NAM or JAMS?
I suggest you sit down with your lawyer and express your concerns.
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
Speak with your lawyer who has the most information and is the best position to assess the case.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
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