Q: Frustrating setting and not getting any real info from attorney about a settlement
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split the payment. The pandemic hit and everything stopped. The last correspondence from the attorney was
"Unfortunately dont have much to report other than we complied with the Surrogate's requests in January.
Hopefully we should be hearing any day."
Should this be taking so long? Is there anything I can do or get info direct from the court?
The is in nyc
A: It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.
A:
Yes it is taking too long.
1. Ask the attorney, in writing, for a full complete status report of everything that has occurred since the time of submission.
2. Look at the court records to see what has occurred.
3. If you do not get adequate answers, immediately seek out another attorney to assist you.
A: A starting point could be to ask your attorney for developments since their January letter. Without seeing the case paperwork, including the Surrogate's Court's requests and your attorney's response, it could be difficult to speculate what the cause of delay is. Good luck
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