Re: how long

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On 9/12/05, phoebeberg wrote:
> my husband was hurt in an accident almost 2 years ago. the
> other driver was at fault. my husband got a lawyer and,
> went through all kinds of medical treatments.around 8
> months after the accident my husband was offered a
> settlement which he refused. now 9 months later we haven't
> heard not one word from the lawyer. my husband calls but
> his assitance tells him he will hear from them when the
> trail comes up. how long does this usally take. thank you
> for any information you can give me.

It depends. There is a thing called Statute of limitations -
i.e. how long you have to file lawsuit in court until your
case expires. I am in NY, I don't know where you are. Here,
unless a municipal defendant is involved (e.g. City of NY),
it's three years. Now, the first thing you should do, is
call your lawyer and make an appointment. You should ask to
see your file. You should ask if the case was started in
court and what's your case index # (or it may be called
something else in your state). Also, ask them to show you
copies of all court documents. Now, in NY right now it's
very tough to get good money on personal injury cases if the
injury is "soft tissue", i.e. no surgery, no fracture. So
may be your husband should consider a settlement, because in
NY there are a lot soft tissue cases that get thrown out of
court if it's a motor vehicle accident, because there is a
requirement of "serious injury" and it must be proven before
you are allowed to go to the jury. I don't know anything
about your case though. What kind of accident was it? What
kind of injury? What's the name of the insurance company for
the other driver? What state are you in?

Look, the best thing is - make an appointment. Don't just
listen, see the paperwork. My clients call me a lot and they
come to see their files. It's ok. And, if the lawyer doesn't
make him/herself available to you for an appointment, tell
them you will complain or change the lawyer and do exactly
that.

Remember, in a personal injury case (in NY) the lawyer
doesn't get paid until you do, that's what a contigency case
is. So we always want to close your case fast. However,
there are always people who work slowly, may be because
their office is not managed right, they are lazy or for God
knows what reason. Go and see your file, and insist on being
shown copies of all paperwork, especially court documents.

Good luck to you and your husband, and send in any
questions.
Nadia.