Q: How can I effectively proceed with an auto accident lawsuit after facing challenges with my lawyers and unresponsive insurance?
I was involved in an auto accident while riding my moped, which left me with a broken collarbone, clavicle, and thumb, and my moped was totaled. The other party, who was driving a truck, was at fault. I have hired lawyers, but one quit because they didn't think they could win, and the current one is stalling. I also reached out to the other party's insurance company but received no response. I've already filed a lawsuit, but it is not progressing. What steps should I take to move things forward effectively?
A:
Because of professional ethics, neither the other party's insurance company nor their attorney will speak with you directly as long as you are represented by a lawyer.
You should schedule an office conference with your new lawyer to discuss your case. There could be many reasons why your case isn't progressing.
Normally, a civil lawsuit like one for personal injuries from a motor vehicle collision will be resolved in 18-24 months. But that depends upon the county and court. One court in Dallas County in particular is notorious for having overly long disposition times because the judge of that particular court has had some personal family problems and hasn't been conducting very many trials. My firm has a case in that particular court that was filed seven years ago which both sides are ready to try. Other courts are renowned for having a "rocket docket" where cases often go to trial within a year of being filed.
It is troubling, however, that your previous lawyer quit because he didn't think that he could win. Most plaintiff's side personal injury attorneys love to get cases against truck drivers, who are commonly more heavily insured. When the truck driver is at fault, it is generally easy to persuade a jury to place most or all of the responsibility upon the truck driver. Broken bones are a type of injury that often happens in a motor vehicle collision, and it is pretty easy to persuade a jury they were caused by the collision. Unless you have unrealistic expectations of winning hundreds of thousands of dollars, I would think yours would be a relatively easy case to win from your description.
A: This is really a question for your law firm. But as my colleague correctly points out, cases do not proceed at a rapid pace. Discovery takes time. The other side may want to wait until the conclusion of all treatment before sitting down to seriously assess the file. I hope you are okay. Good luck
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
