Legal Question in Personal Injury in New York

Injured in an Auto Accident

Hello,

I was involved in an accident in which I was rear ended. I have a bad back, and neck pain ever since. I have been in phys thpy for about 8 mos and been seeing a chiro for the pas 3 mos with back pain.

My atty has filed suit against the driver and the owner of the car who is a car rental company. It has been over a year. Is this normal to take this long or is my atty not taking this case seriously and I should look for a new atty.

He does return my calls and emails promptly however, he keeps telling me there is nothing to report at this time.

Thanks in advance for your advice.


Asked on 6/25/08, 10:05 pm

4 Answers from Attorneys
Christopher Di Giacomo Di Giacomo & Gruss

Re: Injured in an Auto Accident

Once a case if filed in the proper jurisdiction, you are at the mercy of the court's schedule. It will be up to the court to determine the speed of the process.

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Answered on 6/26/08, 1:32 pm
Robert Roemer Robert Roemer

Re: Injured in an Auto Accident

there is no easy answer to your question.I would have to know more facts to evaluate the case staus. If you will e-mail me your phone # and a GOOD TIME TO CALL YOU i WILL DISCUSS THIS FUTHER.

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Answered on 6/25/08, 11:09 pm
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

Re: Injured in an Auto Accident

Personal injury cases often take several years to resolve. It is not at all unusual for your case to be where it is after one year.

Remember, your attorney first has to allow you to finish treatment so he/she can request your full medical records. Doctors sometimes take months to photocopy and ship records. Then your attorney has to file and serve the Summons and Complaint. Proper service can take a month or more. Your attorney then responds to defendant's written discovery demands, serves his/her own demands and requests a Preliminary (Scheduling) Conference. The Courts are backed up so the PC may not be scheduled until several months after the Request is made.

Again, your case does not sound at all unusual.

My suggestion is that you call your attorney and say something to the effect of, "I understand that there is nothing to report, but would you mind explaining to me where we are in the process?"

Hope this was helpful.

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Answered on 6/25/08, 11:45 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Injured in an Auto Accident

most accident cases can take up to ando ver three years, however there should be some offer regarding the case... being it is a rental agency, it is sometimes more difficult as they have attorneys on retainet and tend not to offer settlements quickly... give it time, if you are unhappy later on feel free to call me at 212.709.8303

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Answered on 6/26/08, 12:07 pm


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