why is attorney taking so long to file emergency

However, here are common reasons why cases can seem to take a long time. 1. You are still treating. As long as a client is still receiving medical treatment for the injury, it is too early to resolve the case. This is because you and your attorney need to know the full extent of the damages on your claim.

Full Answer

Why is my attorney taking so long to settle my case?

When represented injured workers (“applicants”) start looking for another attorney, the reason they often give is that their case is taking too long to settle, so they want to change attorneys. It seems like nothing is happening. Often this is not the fault of the attorney but is a problem of the entire system.

What happens when your lawyer fails to file a claim?

For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse. Reason #8: Lack of dedication or compassion.

What happens if you leave an angry message to your attorney?

But most attorneys do not respond well to people who leave angry messages or curse at their staff. Even if you do not get along well with your attorney, he or she may have much more knowledge of your case than a new attorney could obtain without a time-consuming review of the file.

Should I retain a lawyer after an accident?

You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

How long should a lawyer take to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Do lawyers take a long time to respond?

Your case could be waiting in line for months, a year or even longer. During these long periods of waiting, you may not hear from your attorney, and they may not be super responsive if there's nothing new to report. These months of limbo can be frustrating, but these delays may also be unavoidable.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

How often should you hear from your lawyer?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do you know if your lawyer is working for you?

Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Is no news good news from your lawyer?

The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.

How Long Does Finalizing a Case Take?

One common question that people often ask their lawyers is how long does finalizing a case take. Although most cases are similar, the details do vary depending on the type of case. Some lawsuits can be settled within a few months, while others may take years. To ensure that your case is handled efficiently, choose an experienced, organized lawyer.

Can A Good Personal Injury Attorney Shorten the Case?

Although this is possible, it mainly depends on various factors. These factors include the knowledge of your attorney, the other party, and the overall workload of the courts. This is why you need to work with professional and reputable attorneys. Especially the older attorneys are quite experienced in personal injury cases.

Erik G Fischer

you should be optimistic. As an ex-DA, we usually filed the cases quickly if there was sufficient evidence. This delay tells me there is a significant problem with the case. It is probably back with the detective for follow up investigation.

Robert Vance Salter

Right this minute, you have not been charged with a crime. That should make you happy. The longer that is the case, the better. If you are never charged, that would be the best outcome of all. There is no way to know what the District Attorney is doing and there is no reason on earth that you want them to move any faster...

Jeffery L. Weeden

Four and a half months is a long time for the DA to not file charges, however, there are many possible reasons for the delay. Usually, delay is a defendant's and defense attorney's friend. It often means there are problems with the case or that there are more pressing matters taking the attention of the DA away from your possible case matters.

Why does my lawyer take so long to settle my case?

First, the insurance company might be dragging out your case and delaying the case. Second, your lawyer might not be making your case a top priority. Third, medical bills, police reports, autopsy reports, or other documents might not be available yet.

Why is my legal case taking so long to settle?

It can be frustrating when your legal case is taking a long time to settle. It may be caused by your lawyer not taking the proper steps quickly enough, but many times it also has to do with outside forces or the defense. However, you also always have the legal option of getting a free second opinion with our law firm.

Why is my case taking so long?

Stage Of Your Case. Many times the reason why your case might be taking so long, might relate to the stage your case is in. For example, if you are still seeking medical treatment, it may sometimes be difficult for your attorney to settle your case without knowing how much the exact medical bills cost or what the total of your medical liens total ...

How long does it take to get a copy of a case file?

If a client is switching to our law firm, we can typically request their entire case file from their previous lawyer quickly and get a copy of their file sent to us within just a few hours or a couple of days without you even needing to contact that lawyer ever again.

Can you get a lien on a cash advance?

Sometimes cases take a long time, but in many instances there can be ways to speed up the process. In addition, many times it may be possible to get a cash advance lien beforehand while you are waiting for your case to settle. This may be able to put some money in your pocket while you let the attorneys do continue working on your case.

Why does a court case take so long?

Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

Why do you need to know the full extent of your damages?

This is because you and your attorney need to know the full extent of the damages on your claim. Ascertaining all of the damages on a case means your lawyer needs to know the full extent of: Your medical bills. Your lost wages. Any permanent damage you may have suffered as a result of the injury.

How long does it take to get a discovery?

If the defendant is not at home or work (or is just very adept at ducking service) this can take a few months. Discovery takes time. Discovery is the process where each side obtains evidence from the opposing party.

What does it mean when a court docket is crowded?

That takes time. Court dockets are crowded. A crowded docket means hearings before the court can take a long time to schedule. Continuances are common. Finally, if you ever want to know what is going on with your case, do not ever feel shy about calling or emailing your lawyer or your paralegal. Back to blog.

Does your lawyer respond to you in a timely fashion?

Just because your lawyer is responding to you in a timely fashion doesn’t mean the other side is. Sometimes, the other side ducks calls and ignores letters. Your lawyer will certainly do everything possible to move the case forward but they cannot control what the other side is doing. Your case is in court.

What to do if you don't get a response from your attorney?

However, if you don’t get any response from your attorney or the assistant, that is not a good thing. Most offices are so busy that calls do slip through the cracks and if you don’t get a response in a reasonable amount of time, you should call again. The same goes for your doctor’s office.

Why do injured workers want to change their attorneys?

When represented injured workers (“applicants”) start looking for another attorney, the reason they often give is that their case is taking too long to settle, so they want to change attorneys. It seems like nothing is happening. Often this is not the fault of the attorney but is a problem of the entire system.

How long does it take to get a workers compensation court date?

Many workers’ compensation courts (“Workers’ Compensation Appeals Board” or “WCAB” district offices) are booked up for many months in advance. So if there are any issues that need to be heard by the court, it can take months from the time of requesting a conference to the date of the conference. Often the only way to force the insurance to talk about your case is to get a court date. If the adjuster won’t respond and your attorney can’t get a court date in less than three months, that may be three months when nothing happens on your case.

How to change your attorney?

It is usually better to try to work out your differences with your current attorney than to change. Send your attorney a letter or email detailing your concerns. Keep it concise and to the point. Ask your questions and don’t be accusatory. If you get no answer, send a second request. If you still get no answer, or if you get an answer that you consider unsatisfactory, try to find another attorney.

How long does it take for insurance to talk to you?

Often the only way to force the insurance to talk about your case is to get a court date. If the adjuster won’t respond and your attorney can’t get a court date in less than three months, that may be three months when nothing happens on your case. Certainly, there are also delays in attorney offices.

Why do attorneys remind doctors of things they have left out?

Often the attorney has to remind doctors of things they have left out or could explain differently or better in order to get the client what they deserve. The more complicated medical system accounts for another common complaint. That is that the client/patient can’t get the medical care they need.

What to do if you get no answer?

If you get no answer, send a second request. If you still get no answer, or if you get an answer that you consider unsatisfactory, try to find another attorney. You may also dismiss your attorney and represent yourself, but this is a risky approach. There is a form to file with the court which dismisses your attorney.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

What happens if your lawyer knows when your accident happened?

For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What is the responsibility of a lawyer?

Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.

What happens if a case is a smaller case?

It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.