Three months is fast. You need to speak about these issues with your attorney, he is the one familiar with your case.
DISCLAIMER: Gene Burkett is licensed to practice law in the State of Texas and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship
Either talk to your attorney or find one with whom you can communicate!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Three months would be unusually fast to settle such a case. Typically, once you have finished treating, it could take that long just to order your medical records, review them, and make an initial demand. While no one here can speak to your atorney being a "jerk", the problem here may be your impatience. You may be expecting things too quickly. Ask him point blank for his estimate on a time frame.
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 (and am not your lawyer). 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 email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. 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.
You should always be comfortable with your lawyer, however I think that settling a closed head inury case three months after the collision would be a disservice to you. Obviously I have no idea what you are going through, but if you are finished treating with the doctors and are back to normal, maybe it is time. You should go to your attorneys office and talk to them in person so y'all can get on the same page.
NO DUTIES ARE INTENDED OR CREATED BY THIS COMMUNICATION. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. Most legal rights have time limits, and this email does not constitute advice on the application of limitation periods unless expressly stated above.
You should be able to communicate openly with your attorney's office and feel confident that they will give you accurate updates on your case. I would encourage you to schedule a phone call with your attorney in advance, to secure a time when he or she will be available and able to devote thier full attention to your questions.
Usually, once you are finished with your medical treatment, and all medical bills, records, and any other evidence has been collected, your attorney would demand a certian amount of money from the insurance company, and the insurance company makes an offer in response. That process may take several weeks. All cases are different depending on the facts, so really the best thing to do is have this conversation with your attorney.
I am not in your State/jurisdiction. I agree with these other fine attorneys. If you are believe you are getting the run around, ask the attorney for a copy of your file to include the demand letter which would show the date it was sent (presumably). There are a lot of reasons case negotiations get delayed but there are no reason for not talking to your client or treating them with respect.
I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.
Sign up to receive a 3-part series of useful information and advice about personal injury law.