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

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?

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Attorney answers 10


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 knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice.


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


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 877-427-2752 or you can email me at www. I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


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 rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.


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 advice upon which you should rely in making decisions about your case. Before making any such decisions regarding your case, please consult a lawyer .


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.



This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Accidentes de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on accident, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes y Lesiones personales, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


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.


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 advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions


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.

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