15 Feb
How long does it take to settle a personal injury suit against an insurance company?
Posted in personal injury attorney on 15.02.11
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I, along with the tenants upstairs had carbon monoxide poisoning and we all spent the day at the hospital in April of 2006. The poisoning happened because in the 15 years I lived there, the landlord never had the chimney cleaned, and the stuff from the furnace caused a major blockage. I’ve called my attorney’s office several times in the past 3 years, but they never return my call. I know they wait a while to see if there are any more medical repercussions, but approximately how long do these cases usually take?
The upstairs tenants and I hired an attorney together the following day of the incident. The attorney took the case, and I have spoken to him in person, like at the supermarket, just in passing. He keeps telling me to call because he’s wrapping things up, or he had to file something. I’m really just expecting the hospital bills paid.
2 comments on this topic
15. February - 9:48 am
There is no deadlines to settle a case with the insurance company, however there are deadlines on how long you have to file your case with the court. If your lawyer isn’t calling you back, you need to seek a new attorney and let the old one hash out his fee with the new one.
15. February - 9:48 am
It takes as long as the insurance company wants it to.
They hold onto their money as long as possible. Maybe they’re hoping you’ll forget they owe you a settlement .
15. February - 9:48 am
Are you sure you have a suit pending? It doesn’t sound like it, or maybe it was already settled by the landlord merely argring to fix the problem. I would contact your neighbors and see if they heard anything. Then, I would make a visit to you attorney’s office.
15. February - 9:48 am
why haven’t the attorneys called back? maybe they can’t make a case,, you need to check on that first
15. February - 9:48 am
there is no specific time to settle a case with the insurance company on a personal injury.
like the other poster stated, check with your other neighbors to see if they have settled. it could be that the insurance company will not settle till everyone settles at your tenants or that some have settled for small amounts and your attorney wants more.
since the lawyer is not returning phone calls, then call him up and set up a "personal appointment" to discuss options. if they don’t want to discuss in person, you might want to find another lawyer to handle this case, but be aware the 1st lawyer may have a lien and another may not want to take over.
you hired a lawyer and he will get his take of the settlement, (most likely 40%) so set up a appointment. make him work for his money.
good luck
15. February - 9:48 am
If you’re suing the insurance company, it will have to go to trial. They won’t settle.
If you’re suing the landlord, you have to prove that he KNEW there was a problem, and didn’t do anything to fix it.
Likely, your attorney’s not returning your call, because he doesn’t want to take your case, because it’s not WOTH anything.
Plus, you’re looking at three years ago – in most states, that’s past the statute of limitations – it’s too late to sue.
15. February - 9:48 am
Fire the attorney and hire another one, or sue the landlord yourself in small claims court if the amount you are seeking is less than $5,000. You can bring in your medical bills and get a judge to approve payment right there.