Q: My case started in 2016 why is it taking so long
It was a car accident in queens against DOT, I had surgery .
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A: That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your lawyer is dragging his or her feet, ask for an explanation for the lags in time, take notes , and then consult with another attorney about the "credibility" of the explanation if you are still not satisfied.
A: A 2016 case - that seems like a long time - I agree with my colleague there. If it was a Department of Transportation vehicle, that could make for a long timeline - especially if liability was contested. On the other hand, if the Department of Transportation context is based on your case involving a structural defect, design flaw, or traffic control devices in a roadway, that could make for a longer timeline than most typical motor vehicle accident cases. Anyone here could only guess about the timeline. Your attorney is in the best position to advise about what issues might be holding things up. Good luck
A: There could be a number of reasons. First, make sure your attorney filed the proper notice of claim and filed suit timely. There are deadlines for legal malpractice as well. Otherwise, call your attorney and ask why. Unless the case experienced the wrath of covid-delays, a trial, or an unprecedented number of appeals, there really should be no reason the case has not been resolved by now. If your attorney fails to provide a reasonable response, options include consulting another attorney and/or relieving the attorney of representation.
Jonathan R. Ratchik agrees with this answer
A: Although cases against public entities such as the MTA generally take longer than cases against private defendants, eight years is a bit long. Best to speak with your attorney and ask about the status of your case. Given the age of your case, it should arguably be on the trial calendar. Keep in mind that your trial date is determined by when your case is placed on the trial calendar, not when the underlying incident occurred. Think of it as waiting in line. You are not yet on line until discovery is complete and your case is placed on the trial calendar.
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