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?
3 Answers from Attorneys
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.
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.
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!