January 15, 2016

Question

I have had a person injury lawsuit going since April 2010. I have retained a lawyer but am getting discouraged to say the least. We have had discovery, depositions, liability trail by Jury, ( ruled in my favor) four months ago, and still I feel as if I'm no where closer in getting this settled. I slipped and shattered both my wrists, had them pinned, then had carpel tunnel surgery on both, only to find out it didn't work because I have RSD. I am on potent pain medication, including Oxymorphone and Hydrocodone combined plus six other meds for muscle relaxants, nerve damage etc. and am scheduled to have a spinal cord stimulator implanted this month. My question is, are there not time frames that the defendant has to abide by? they are just ignoring everything from the very beginning. Should I be looking for another attorney because they are not pushing this or is this just the way things go? I would have figured that after the liability was ruled in my favor that this would have been wrapped up right after the decision? Please let me know what I should be expecting in terms of time to settle this or if the defendant has a statute of limitations to start settlement talks?. I am WNY.

Answer

If you have had a decision on liability go in your favor, you are more than half-way there. I'm sure your lawyer would like to see the case wrapped up as much as you do. Problems with unreasonable insurance companies, the Court's over-burdened docket, unavailable treating physicians, or a host of other reasons could be holding up the damages phase. Talk to you own lawyer. To quote Lincoln: "don't change horses mid-stream."


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