Legal Question in Personal Injury in New York
If an individual was in a car accident with 3 other parties involved. Two of the parties have one lawyer and the other two have their own. The case have been dragging for almost 2 years due to one party records have not yet been retrieved which is holding up the case. What options do the 2 parties have with their lawyer have in order to settle the case, and if so how long would that process take?
2 Answers from Attorneys
There may be problems with GOL 15-108 regarding releasing one tortfeasor and the percentage of fault assigned to the tortfeasors. My prediction is that none of you will receive any money until the other tortfeasor either gets his/her act together or their is a discovery motion to strike their answer or preclude them in one way or another. You should talk to your attorney about that.
As to how long it could take.... probably another 1-2 years.
Hope this helps.
The cases have likely been, or will be, consolidated for joint trial. If one party is dragging out the process, the attorneys for the other parties have recourse to the court for expedited discovery orders, forcing the laggard to get moving. Best, M. E. Zuller
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