Can't get case settled almost 3 years

[MLRhino]

What is the name of your state? California

I was hit from behind in November 2004 and the driver was 100% at fault according to the CHP report. I suffered neck and back injuries and my car was totaled. I went to physical therapy for four months, three days a week and was released.

I have had back soreness on and off since that time. I hired a lawyer, and he hasn't done much except file the claim for my injuries and out of pocket expenses and medical bills.

The problem is the girl that hit me has the same insurance carrier, so settling the case isn't a priority. My lawyer doesn't seem to be doing anything however. How long can this go on? What can I do to pressure my lawyer to get this settled or to court? Does the insurance company need to do anything or can they just keep stalling?

 

[stephenk]

has a lawsuit been filed? If yes, then your case should be coming up for trial pretty soon.

If your lawsuit has not been filed, you should talk to your attorney because the statute of limitations expired 8 months ago.

 

[MLRhino]

Case was filed

It was filed Nov 06

 

[las365]

Have you received discovery to answer? Copies of discovery from your lawyer to the defendant? I’m often amazed that people don’t think their lawyers are doing anything when in fact their cases are being appropriately worked.

Make an appointment to meet with your lawyer; not to “pressure” him, but to make sure that you are fully informed, understand what is happening, and to discuss your expectations. Make a list of the questions you have in advance so you can be reasonably sure to ask everything you want to ask. Here are some ideas of what to discuss:

Your lawyer probably sent a demand letter that detailed all of your damages: medical bills, lost wages, future pain & suffering, etc., and made a demand for a specific amount. Review that information with him.
Discuss what the policy limit is of the person who hit you.
Discuss what offer the insurance carrier has made, if any.

Ask your lawyer what he thinks you can reasonably expect the case should settle for. How does this compare with the amount you have been imagining?

Discuss the litigation process (written discovery, depositions, mediation, trial) and ask for a time frame in which you can expect this to occur. Discuss the expenses that will be incurred as the litigation process goes forward that you will have to pay out of your settlement. How many depositions does he think he will need to take and about how much will they each cost (he won’t be able to give you an exact amount but can probably estimate $500, $1000, or whatever apiece), how much is a typical mediation fee (I’m assuming here, in Texas mediation is required before trial), how much for other expenses?

Remember that the more is spent, the more the case has to settle for or you have to get in a judgment in order for you to net the same amount of money in the end. So it can be well worth it to you to settle for “less” now. Talk to your lawyer about all of that and ask his advice on how to proceed. Then decide what to do.