What can I do if the other party's attorney keeps delaying my case?

Simply stated, Direct your lawyer in a written correspondence not to agree to any more continuances.

The answer to your question depends, in part, upon where your case is pending. For example, in Cook County, the day a case is filed it is assigned to a motion judge who oversees the progress of the case, having the lawyers come back about every 60 to 90 days. Their job is to make sure that the case moves quickly through the discovery process and the judge enters orders barring certain evidence at trial if the work is not accomplished within a reasonable period of time. The lawyers leave each case management conference with an Order telling both sides what must be accomplished before the next conference. Once the motion judge has moved the case to the point that the case is ready for trial, the case is transferred to the presiding judge who assigns the case a trial date. In smaller collar counties with fewer civil cases (like yours) filed, the likelihood of delay is greater as the system is not always set up to move the cases along, irrespective of the diligence of the lawyers. In these counties, the lawyers are often left alone to move the case forward without routine court intervention. In these counties, the Court gets involved only when the lawyers have a dispute that can't be resolved in which case the lawyer brings a motion to compel or for sanctions. In extremely small collar counties, sometimes the problem has to do with finding enough people in the county available to be summoned for jury duty. I assume that you have made every attempt to meet with your lawyer to discuss your dissatisfaction with the pace of the case. If not, set up an appointment with your lawyer and, during the meeting, ask your lawyer what needs to be done to get the case trial ready and take notes of the conversation. After the meeting, send your lawyer a letter setting forth the details of the meeting and the timing of when tasks will get accomplished. If ultimately you determine that your lawyer is not living up to his or her word, find a new lawyer. Finally, be active in your case. As the party plaintiff, you are entitled to be present at all court calls, depositions and any and all other events relating to your case. Ask your lawyer when the case is next up before the judge and let your lawyer know that you will be there. Ask your lawyer for a list of all depositions, making it clear that you will be present for each one. Make sure to call your lawyer before each deposition as they do get postponed from time to time. if your lawyer refuses to meet with you, it is certainly time for a change. If you are convinced that the defense lawyer and your lawyer are somehow working together to hold the case in perpetual abeyance, that would suggest that you have completely lost confidence in your counsel and that it is time for a change. However, as your lawyer likely has a substantial investment of time and money in the case, I always recommend that you first meet with your lawyer, as discussed above, to see if you can clear the air. If you change counsel, which is your right, you current lawyer would have a claim for 'quantum meruit', or the number of hours he or she has put into the case to date multiplied by the lawyer's customary hourly rate. For this reason, it makes sense to re-open lines of communication before making a change.

I am sorry no one has shared the reality of the situation with you sooner. The Supreme Court Administrator's Office is hot on getting the trial courts to try the cases before they become 2 years old. The courts are backed up so they are trying all the cases as they become 2 years old to stay in compliance. Your case is not likely to be heard much before or much after 2 years. But the clock starts from the date the case was filed - not the date of the accident.