Why hasn't my hit-and-run accident case settled?

by Dan

I was involved in a hit and run accident in Orange County, California in May of 2008. I sustained back and neck injuries due to a rear end collision and the auto was totaled. I obtained a lawyer and Doctor right away and had an MRI and therapy for several months.

The auto was my brother's car and he had $50-100 thousand coverage. My concern being why has the case not settled and what are the statue of limitations for a cash award for settlement?

I have called my attorney's office several times and get the same answer and that is "they're working on it."

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Why hasn't my hit-and-run accident case settled?":

The short answer is "Yes" there is a statute of limitations on all personal injury cases in your state.

The long answer is that personal injury settlements can take some time to settle. They are based upon things such as medical expenses, loss of work and permanent injury. What is most important when represented by an attorney is diligence on behalf of the attorney and confidence on behalf of the client.

Right now you are not feeling terribly confident that things are being handled for you. My advice is that you advise your attorney that you want a simple written status of the case explaining what has happened, what is happening currently and what they expect to happen.

In this way, you are making no accusation yet at the same time you are encouraging your lawyer to stay on top of the case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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