Q: Is there a statute of limitation on finalizing an auto accident suit? Treatments ended after 6 months.
I retained a lawyer right away. I received treatments for whiplash and PTSD for 6 months. It has been almost 2 years since the accident that the other party's insurance agreed their client was at fault. I have done a lot of the footwork in gathering up the bills, etc. The young secretary/ assistant of my attorney does not try to follow through on getting ALL my bills, even arguing with me on how many treatments I received. I had to get proof and make lots of calls to get the bills myself. The assistant will not return my calls and I am afraid the time for finalizing this will be up. Do I ask to speak to my attorney about this or trust that he will be on top of it before it is too late. I have not spoken to him since I retained him 1 year and 10 months ago. I can only talk to a secretary/ assistant who says she will have the other one call and they never call. Please advise me! Thank you for your attention. I have never dealt with this during my lifetime and feel vulnerable.
A: First, set up an appointment for a face to face with him. Part of the problem may be that you finished treatment, the insurance is playing a waiting game--they figure it's a "closed end" case--you recovered, it's 6 months, they can see if he'll fold. Meet with him now. Find out his plans. Certainly if you are doing well after 6 months it is a case that you want to save costs on by having a mediation or arbitration if that can be done more cheaply than the heavy costs of jury trial.
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