Q: I have a medical malpractice lawsuit going on since January 2020 and my attorney does not share anything about my case?
My attorney has all my information, records, testimonials, and more I have depression and anxiety not to mention the injury from the medical malpractice I have to always seek him and when I talk to him all he says is we're waiting and I have been since January 2020 I don't know the average wait time but he gives me no information about my case to me not how much the settlement is going to be or what is the next step he keeps me in the dark about the whole case what should I do?
A: If suit was filed in January, 2020, you may or may not have secured service of process before the Courts closed. All Indiana Civil Courts were closed for several months. Case activity depended heavily on jurisdiction and whether the Parties were comfortable with Zoom or other electronic media for depositions. "We are waiting" is not an answer unless he has tendered a demand and is waiting for the other side to evaluate it. In most cases that is not feasible because no reasonable offer will be made unless suit is filed. If suit was filed, the FIRST thing that would happen after written Discovery is YOUR deposition. If your deposition was not taken, suit has not been filed and the statute of limitations is close or may have run. You need for your attorney to explain the outline of the process and then identify where you are in the process. Good luck.
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