Legal Question in Personal Injury in New York

Good morning,

I've used your services before and it was very helpful. So here I go again. I was hit by a car in 2007 and here it is 2012 and the case has yet to be settled. There was a court summary in Jan. of 2012. My lawyer is not talking much. Should'nt this case be settled by now?

Asked on 6/05/12, 6:32 am

3 Answers from Attorneys

Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

There is no time frame as to when a case settles, it is mostly up to the insurance carrier to decide when and how much to pay. The carrier may not want to pay at all, if they think they can win at trial. Talk to your attorney about the status of your case.

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Answered on 6/05/12, 7:04 am

Five years sounds a great length of time for a simple automobile case in litigation. Inform your attorney to provide you with a written report of your cases' status, whether it is on the trial calendar and whether a trial date has been assigned. Otherwise, you may go to the Clerk of the Court where your action is pending and ask for a status report; they may or may not be able to help you.

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Answered on 6/05/12, 7:24 am
Gennady Yankilevich Law Office Of Gennady Yankilevich P.C.

As others have said, there is no specific time-frame... Keep in mind that NYC courts have a much heavier case-load than other venues within the State. 5 years is definitely on the long side, but its not unheard of. I am sure your attorney would be able to explain the delay.

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. Consult your own attorney!

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Answered on 6/05/12, 9:26 am

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