Legal Question in Personal Injury in California
I was in a car accident in 2007 and retained a personal injury attorney to assist in pursuing medical costs and pain and suffering costs. Here it is 2 1/2 years later if its not one thing getting extended to another date, its another. Currently it is the mediation hearing. Opposing council is stating they can not meet this week as they don't have everything the need to prepare. I had a 2 hr medical exam with opposing councils selected Nuerologist on 12/15/09 and was told the doctors report would be available a few days before the mediation. So, is this another fishing expedition for opposing council to come up with some other lame reason why damages should not be paid or what? Additionally, is there a legal time frame that the medical examiner has to prepare and provide both attorney's with his findings and recommendations? Any other advice/direction you can give me? Oh yes, and the MRI's that I had after the car accident show that 3 of my were impacted and fusion of 2 of the disks/vertabra will need to fused at some point and time. I meet with my Nuerosurgeon every six months to see if the slippage is getting worse. If it is decided at any one of theses appoitments that it is, then I will end up having the surgery, Help, so frustrated with all of this.
3 Answers from Attorneys
You have selected an attorney and must go to him/her with these questions. It is not in the least unusal for a case not to have been settled within 2 years of the accident. The court guidelines require such cases to be resolved within one year of filing, but there is always some leeway. Yes, the defense is probably dragging its feet somewhat, especially since you have some serious injuries, but most Dr.s take at least a month to get out a report. It is better for you that the defense feels largely prepared at the mediation as they are more willing to settle then if they have to make guesses at what may happen.
Based upon my 30 years in handling PI cases, I can not say that your attorney has acted incorrectly or even any different than a fully competent attorney would have.
I deal with these cases all over the State of California. My website is http://www.thepersonalinjury.com .
According to the code, if your attorney demands a report in writing, it must be provided to you by the defense.
I am not sure why your attorney is dragging his or her feet. Maybe you might want to consult with another attorney. I would be happy to discuss this case with you; 800-816-1529 x. 1.
Under the law, if you attorney requests a copy of the defense medical report, it must be provided within 30 days of the request. It is better for both sides for all doctors reports to be available to properly evaluate the case. It is not unusual to continue a mediation hearing to allow this to happen. However, your attorney should be communicating with you about these issues. It sounds like you have a good case. Has your attorney learned the policy limits of the other side?. Do you have underinsured motorist coverage under your own policy.
If , after you speak with your attorney about these issues and are not happy with the answers, you should consult another experienced personal injury attorney. We handle cases all over the State of California and would be happy to give you a free consultation. Please feel free to visit our website at www.lawkuhn.com.
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