QUESTION

Should it take over 2 months for an attorney to get my PI case moving?

Asked on Jun 21st, 2013 on Personal Injury - Louisiana
More details to this question:
I have a pretty simple PI case. The first attorney was very slow and filed the suit right under the wire. My car was hit from behind by a speeding teen on the freeway. I decided to change attorney's but now THIS one has had my file for over 2 months with no movement. I don't know, maybe this is common and usual but it sure feels like I'm on the side lines on 'hold' for the past almost 3 years. I got mild tibia from the hit and sure could have used some settlement money for rehab therapy or whatever. Thank God I’m getting better on my own but I’m just wondering if this recent time lag seems average.
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14 ANSWERS

Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
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What do you mean by "no movement?" You should make this inquiry directly with your attorney and have to go see your file. There are many things that need to be done in a lawsuit that take a considerable amount of time. It's hard to comment on yours in the abstract. Usually, preparing a complaint, receiving the answer commencing the lawsuit takes between 1 to 4 months. The discovery time period takes between three months to a year. Getting a case to trial takes another 3 to 6 months. So most lawsuits run anywhere from about six months to two years depending on whether or not they settle.
Answered on Jun 24th, 2013 at 11:58 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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When you file a lawsuit the defendant has 30 days to answer. He may ask the court in NC for an additional time. it takes about a year and half to complete a court case. so don't be anxious about the time.
Answered on Jun 24th, 2013 at 11:57 PM

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General Practice Attorney serving Portland, OR at Furniss, Shearer & Leineweber
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2 months is not uncommon. However you should have open communication with the attorney so you know what the time lines are and what is going on.
Answered on Jun 24th, 2013 at 1:27 PM

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Alexis Anne Plunkett
Why don't you ask your attorney about the hold-up? He should have an explanation. Without any more information from you, I cannot answer this question. He may be waiting on medical records or something like that.
Answered on Jun 23rd, 2013 at 8:20 PM

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You may not be giving the attorneys enough time to develop the case. If the attorney has a long history of successfully resolving cases then you need to trust the attorney. It's certainly not unusual for cases to take two years to get resolved.
Answered on Jun 23rd, 2013 at 8:19 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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There is no set timetable for a case to be investigated, settlement negotiations to occur and suit to be filed if settlement negotiations don't lead to a settlement; however, how fast an attorney/firm work on a case will depend on several things, including how many other cases they are handling, how they prioritize your case, how much staff they have to process cases, whether they have made a strategic decision to hold off on your case to wait for you to reach maximum medical improvement or to see if the law will change and/or a more favorable legislature or court will perhaps assist in making your case more viable/valuable, etc. You can only know their situation by asking them what they've been doing on the case, how they see it progressing, etc. Once suit is filed, and you said it was, then a Michigan case will usually have a Trial Date set for around 1 year post-filing date (it could be slightly shorter or somewhat longer depending on the judge and court) with deadlines set for things like filing of Witness Lists, Discovery Cut-Off, Motion Cut-Off, etc. You are entitled to know what those dates are, although there is no hard and fast rule as to whether attorneys do, or don't, routinely advise their client of such dates. Once a suit is filed it is typical that written questions, known as Interrogatories, will be sent by each side to the other within 30 to 90 days of the case being answered, that depositions will occur in the months following Interrogatory answers having been filed and will continue until the Discovery Cut-Off date. Your attorneys will need your help in answering the Interrogatories, in knowing who to list on a Witness List, in preparing for depositions, etc. so you should have a sense of what is going on per the contacts they make with you. There is no harm in asking your attorney what's up, what's expected to come and when, etc.
Answered on Jun 21st, 2013 at 10:18 PM

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Lisa Hurtado McDonnell
Have you finished medical treatment? You should not settle until you have finish medical treatment. It will limit your claim to car repairs and existing medical treatment costs and limit your pain and suffering award.
Answered on Jun 21st, 2013 at 10:18 PM

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Personal Injury Attorney serving Beverly Hills, CA at Hyp Law Group
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Not always. Dictated, but not proof-read to ensure immediate delivery.
Answered on Jun 21st, 2013 at 10:15 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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These things happen in fits and starts. I told one of my clients today to not expect anything for the next two months, and it happens that we just filed suit. I don't understand your statement that you "could have used some settlement money for rehab therapy", that's what no-fault insurance is for.
Answered on Jun 21st, 2013 at 10:15 PM

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You need to send a letter to your attorney saying that you want a report on all recent activity and on the case status. If you don?t get a good response, you can find a good attorney who will get it going.
Answered on Jun 21st, 2013 at 10:15 PM

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Most attorneys do work slowly on files; check with the new attorney as to what steps will be taken and when and then try to hold them to that schedule. Once suit is filed, the defendant is supposed to be served within 30-60 days, and then there are discovery requests to send out, settlement discussions with the insurance carrier [does your own insurance have any medical payment coverage for you yourself?], etc. Tell the new attorney you got rid of the first attorney because they did nothing on the case; that might motivate them a little.
Answered on Jun 21st, 2013 at 10:14 PM

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James Eugene Hasser
It depends on the case. Most cases take 1-3 years to conclude. Some longer. Some shorter. Like I said, it depends on the case.
Answered on Jun 21st, 2013 at 10:13 PM

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The process of a lawsuit takes time. Have you spoken to your attorney about your concerns? What do they say? There are periods of activity and inactivity in the life of a lawsuit. Your attorney may be waiting for medical records or discovery from the defendant. Lots of action takes place that you don't see. Schedule an appointment to talk about the strengths and weaknesses of your case and an estimate of what will happen and when.
Answered on Jun 21st, 2013 at 10:13 PM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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Each case and each situation is different. Unfortunately, no two cases are alike. You should set an appointment with your attorney to discuss everything. He likely wants it resolved as much as you since it has been going on for such a long time.
Answered on Jun 21st, 2013 at 10:13 PM

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