Legal Question in Personal Injury in New York
PI Suit Commenced 5 & 1/2 yrs ago
A relative commenced-----law suit with--- for an injury sustained on---subway train 5 & 1/2 years. She calls the attorney every 6 months. Should it take so long? She will be 80 this year & I would like her to receive some $$ for pain & suffering. Is there anything I can do?
4 Answers from Attorneys
Re: PI Suit Commenced 5 & 1/2 yrs ago
It can take that long but it shouldn't. Because of her age, once discovery is finished she should get a special preference to move her to the head of the trial calender. You can go to the attorney's office with her for an pointment, but otherwise, the attorney can't speak to you about the case without her permission. What you really need to find out is whether depositions and all medical discovery is complete and if so, why isn'tn the case on the trial calendar.
Re: PI Suit Commenced 5 & 1/2 yrs ago
With the NYCTA as a defendant, this does not seem unusual. Good Luck
Re: PI Suit Commenced 5 & 1/2 yrs ago
You and your friend may copy the Court file at the Court Clerk's Office; and then consult and review the file, with another attorney, to determine the status of the case; and whether there is something more that can or should be done.
Good luck,
Phroska L. McAlister,ESQ
Re: PI Suit Commenced 5 & 1/2 yrs ago
While it is somewhat unusual with an elderly plaintiff for a case to go on so long (these cases are entitled to preferences), it is not unheard of and cases with city agencies do take a long time, longer than typical cases. It's not unusal for a case involving the city to take 7 years from start to finish.
In any case, it is fairly easy to ascertain the status of the case. Just go to the courthouse where the case was filed and you can either look it up on the computer using the Plaintiff's name or index number or you can go to the records room and take a look at the Court file.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.