I was rearended in a car accident while at a dead stop, was injured and contacted a lawyer. It has been...?
almost three years, and the case isn't anywhere near finished. It is cut and dry. We were injured while at a stop after getting rear-ended from someone going 50 mph without braking. My lawyer says it is taking so long because of the other drivers insurance company. Three years seems like a long time to still be waiting to go to trial. Is this common or is my lawyer the idiot I think he is? Should I consult with another lawyer? Also, is it possible to change lawyers in a case like this?
Answers:
This is common. Insurance companies delay as long as they can. I will say, it does not hurt to consult another lawyer, but you may find that you need to start over again. Push the lawyer you have for a quicker resolution
Don't blame your lawyer. Insurance companies are real scumbags who refuse to pay even when liability is clear cut. Instead of blaming the lawyer (which most people are quick to do), consider this: Insurance companies didn't get all that money by paying claims in a fair and timely way.
I was rearened by a truck, while stopped behind a city bus. It took six years to get a settlement. The settlement did not come until the day we went to the court house to pick a jury. At the time I was working as an insurance claims adjuster! I knew the ropes, knew the insurance company and still had to fight the long fight.
Look into the possibility of mediation or arbitration. If the defense continues to drag it out, look into a bad faith claim against the insurance company.
Don't change lawyers. If you fire the first one, you will have to pay him for the work he did.
I would contact another lawyer and a good new lawyer should contact the old lawyer. As long as your case is cut and dry where u have the police reports and medical documents then your case should move quickly regardless of the insurance company. Remember your paying your attorney therefore they work for you.
Some times the more severe the accident the more time it takes.Ask your lawyer two questions 1. what was the last response from defendants ( ask to see ) 2. Has other insurance co. made any offers ( ask to see ).If your lawyer
is on the up and up he will have written communications.There are time restraints on all legal issues.Maybe you should post that question
The insurance company it waiting for the statute of limitations to end so they won't have to pay for anything. After 5 years, the claim can be dropped and you are SOL. Talk to your lawyer about suing the driver as well as the insurance company. That way you can at least get something out of the idiot. If the lawyer doesn't do anything, get a new lawyer.
Make an appointment with your lawyer.
Ask for a copy of your file.
Ask what the time limit to sue is.
Determine what the most recent correspondence from the insurance company and your lawyer are, and see if you have been sent copies already.
Determine what the insurance company is offering or requesting. You need to figure out whether they are stalling, or if it is so small your attorney doesn't have time for it.
The bottom line is, if you don't understand your case and what your attorney is doing or not doing, you're no better off with another attorney. If you're going to hire someone to do a job you don't understand, you need one that can explain it to you, and this one hasn't done that. You need to assert your right to understand your own case.
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