Q: Hello my fiancé working on a furniture store slipped off the platform where the furniture is on display
She fractured her ankle! Workers comp settled with her ! Her Attourney is now suing the owner of the building there was defected floor on the store that caused this fracture! It’s been since 2017 he doesn’t call you have to call him ! We reached him and he said there was an offer that was so lowball it was insulting! He said that’s why he didn’t contact us !!!Should I seek another counsel at this point! It’s been since 2017 is it worth it!
A: I am very sorry to hear about you fiancé’s accident. Whether you should change attorneys depends on a number of factors. The fact that the accident occurred in 2017 is not terribly significant, since with Covid and the Courts shut down for a significant period of time, delays in cases are normal, particularly in Bronx County. There is not a personal injury attorney in New York that does not currently have cases dating back to 2017, and even earlier. More concerning is that you say he is “now suing the owner of the building”. Since the statute of limitations on the case is 3 years, it is likely that the case was started some time ago and has been slowly working its way through the litigation process. There is no reason to wait for the workers’ comp case to settle before suing the building owner. Both cases can proceed at the same time. Even with Covid delays, I would expect a case from 2017 to be finished with discovery by now and on the trial calendar. To know whether this is in fact the case, the measure is whether your fiancé has testified at a deposition in the personal injury case. Typically the deposition takes place about a year after the lawsuit is started, though the timing can vary significantly depending on the facts and type of case. If after four years she has not testified at a deposition, I’d be concerned about how the case is progressing. If she testified two or more years ago, it is likely that the case is stuck on the trial calendar along with hundreds of others.
If you’d like me to look up the case to see where it is in the Court process, or you’d like to discuss the case further, please give me a call at 212-307-5800.
Friedman, Levy, Goldfarb & Green, P.C.
A: I agree with Mr. Green; it is not unusual for a law firm to carry cases that date back to 2017. But it's worth keeping in mind that these types of cases can sometimes be contentious. The burden is upon you to demonstrate negligence, an engineering defect, or other factor that should place liability upon the building. That could often be more difficult than it appears. It can require the testimony of engineering or architectural experts in some instances. Based on these brief facts alone, it is difficult for an attorney to answer your question either way without a review of your file. Good luck
A: As my colleagues have correctly advised, that your fiancé's case has been going on since 2017 is not, by itself, a reason to change lawyers. Cases often take years before they get resolved (or proceed to trial). You should, however, call your attorney and insist on an in-person (or even Zoom) meeting to discuss the case. If, after such meeting, you still want to change attorneys you can find many excellent personal injury attorneys through JUSTIA. You can use the Find a Lawyer tab on the JUSTIA homepage.
Tim Akpinar agrees with this answer
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