I am in the middle of a lawsuit where my daughter was injured. It's an open and shut case (the school is responsible and will have to pay) but of course for the last three years we've been getting jerked around by the lawyers and I'm tired of this whole last year being told (as my lawyer always says) "they said the settling and will have a offer on the table by...... but just in case they don't i've asked for a court date and we should have it in the next two weeks"
Now then several weeks pass by and nothing happens! No court date and no settlement!
Shouldn't I have a court date by now if the lawyer is claiming she has requested on over and over and over again??

Hello g:

I don't know. What does your lawyer say. That is where you should be directing your question.

excon

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Originally Posted by excon

Hello g:

I dunno. What does your lawyer say. That is where you should be directing your question.

excon

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I've been asking my lawyer and I just get I should have a date in next few weeks. Obviously I would try that first but I am beginning to wonder why she is seeming to put me off for a year instead of just doing as I ask (especially since she's breaking away from the firm she's with and going on her own at end of December).

Hello again, gone:

It appears that you don't trust your lawyer. That ain't good. Go sit down with her, and get stuff straight. If you don't, fire her.

You NEED to have an attorney you can trust.

excon

The last part of your post referring to her "breaking away from the law office" speakes volumes to me. Apparently she does not want to share whatever fees she's anticipating from your settlement with the firm she is presently with by getting the court date. Like Ex said - go and talk to her and find out just what's on this woman's mind before you get upset about anything.

I can tell you one thing though that I noticed when I worked in insurance defense litigation - that the insurance companies tended to settle cases prior to the end of the year. I'd get on that attorney and insist she do something as now is the time to settle - before the end of the year.

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Originally Posted by twinkiedooter

the last part of your post referring to her "breaking away from the law office" speakes volumes to me. Apparently she does not want to share whatever fees she's anticipating from your settlement with the firm she is presently with by getting the court date. Like ex said - go and talk to her and find out just what's on this woman's mind before you get upset about anything.

I can tell you one thing though that i noticed when i worked in insurance defense litigation - that the insurance companies tended to settle cases prior to the end of the year. I'd get on that attorney and insist she do something as now is the time to settle - before the end of the year.

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Thanks! That's kind of what I was thinking, especially since their lawyer changed from the guy not wanting to settle to one saying we settling.
I emailed her today and am set up to talk to her (hopefully that won't change) later today.

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Originally Posted by gonementally2da

i am in the middle of a lawsuit where my daughter was injured. it's an open and shut case (the school is responsible and will have to pay) but of course for the last three years we've been getting jerked around by the lawyers and i'm tired of this whole last year being told (as my lawyer always says) "they said the settling and will have a offer on the table by...... but just in case they don't i've asked for a court date and we should have it in the next two weeks"
now then several weeks pass by and nothing happens!! no court date and no settlement!!
shouldn't i have a court date by now if the lawyer is claiming she has requested on over and over and over again?????????

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Are you waiting for the Court to approve the settlement because your child is a minor or are you waiting for a trial date? I would think you aren't waiting for a trial date if it's an "open and shut case" and there is clear proof that the school is responsible.

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Originally Posted by JudyKayTee

Are you waiting for the Court to approve the settlement because your child is a minor or are you waiting for a trial date? I would think you aren't waiting for a trial date if it's an "open and shut case" and there is clear proof that the school is responsible.

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No I've already been approved to do the case as her parent that was done over a year and a half ago. And yes it's open and shut I've had it confirmed between many including their own lawyer admitting that they owe for it and we just have to work out the settlement amount. I got tired of the wait for them to finally make the offer and told my lawyer to get a court date set for trial that way either they settle it with us before or we let the judge set the amount awarded. That is the date that is always "two weeks away"

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Originally Posted by gonementally2da

no i've already been approved to do the case as her parent that was done over a year and a half ago. and yes it's open and shut i've had it confirmed between many including their own lawyer admitting that they owe for it and we just have to work out the settlement amount. i got tired of the wait for them to finally make the offer and told my lawyer to get a court date set for trial that way either they settle it with us before or we let the judge set the amount awarded. that is the date that is always "two weeks away"

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You are confusing things - as the natural parent and guardian you have the automatic right to sue. Who had to approve you?

You're also skipping ahead - either the insurance company makes a settlement offer or you go to trial. Obviously a trial is expensive for you and those costs ultimately come out of the settlement amount one way or the other.

Assuming the necessary documents have been exchanged I - quite frankly - don't understand myself why your Attorney hasn't put this on the calendar to push the insurance company to settle. On the other hand the money will "probably" be held in some sort of account until your child reaches majority and interest (in my State, at least) will accrue from the date of the accident so you aren't out anything if it takes a long time to settle.

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Originally Posted by JudyKayTee

You are confusing things - as the natural parent and guardian you have the automatic right to sue. Who had to approve you?

You're also skipping ahead - either the insurance company makes a settlement offer or you go to trial. Obviously a trial is expensive for you and those costs ultimately come out of the settlement amount one way or the other.

Assuming the necessary documents have been exchanged I - quite frankly - don't understand myself why your Attorney hasn't put this on the calendar to push the insurance company to settle. On the other hand the money will "probably" be held in some sort of account until your child reaches majority and interest (in my State, at least) will accrue from the date of the accident so you aren't out anything if it takes a long time to settle.

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You still have to get formal approval from the courts here to sue on your child's behalf. And here the money doesn't go into a fund it is dispersed immediately (including paying me back for all the money out of pocket for her medical care)
The insurance company has offered to settle but keeps delaying the actual settlement offer THAT is why I am wanting to get the courtdate set so that they either are pushed to finish the settlement or they end up in court. And yes all necessary documents have been exchanged in fact it's was done twice, once with their old lawyer then again when they changed to the new lawyer. Anyway, thank you for trying to help. But honestly I appreciate the input that was given and am going to get some answers straight from my lawyer or replace her.

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Originally Posted by gonementally2da

you still have to get formal approval from the courts here to sue on your child's behalf. and here the money doesn't go into a fund it is dispersed immediately (including paying me back for all the money out of pocket for her medical care)
the insurance company has offered to settle but keeps delaying the actual settlement offer THAT is why i am wanting to go ahead and get the courtdate set so that they either are pushed to finish the settlement or they end up in court. and yes all necessary documents have been exchanged in fact it's was done twice, once with their old lawyer then again when they changed to the new lawyer. anyway, thank you for trying to help. but honestly i appreciate the input that was given and am going to get some answers straight from my lawyer or replace her.

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YIKES! No wonder it's a lengthy process in your State.

I believe you but I find it amazing that the insurance company is going to simply hand the money over to you as the natural guardian without any restrictions (such as putting it in trust). I understand the reimbursement, that's not unusual, but the handing the settlement over - that's the stuff lawsuits are made of when the child reaches majority.

Yes, I'd talk to the lawyer.