New York City Personal Injury Law Blog

Some Fundamental Reasons Why Nothing is happening in Your Personal Injury Case

Posted on Jun 21, 2015 in Legal Terminology

You have thought of filing a personal injury case to seek compensation for the losses and harms you have suffered. However, the legal process can take time, and there will be instances when you feel that nothing is going on in your personal injury case. There can be certain reasons for this, and they are terrific to know since it can save you some stress.

First Reason for Your Case’s Tediousness

Medical Records

Your attorney is busy examining the evidence and gathering witnesses. There will be some dead time in your case because the process takes so long. Do not worry, your case has not been forgotten. You will have your day in court. 

After you have consulted an attorney about filing your personal injury case, the attorney will then have to go ahead and investigate your particular case. He will start the process of obtaining all of your medical records. This can take some time and it could take months especially if one of your hospitals or doctors is recalcitrant. Next, your lawyer will have to read all the medical records and then send them to a medical expert for review and analysis. This can also a couple of months.

Hence, one of the reasons you may believe nothing is going on in your personal injury case is because nobody might be communicating with you in terms of letting you know all the things that are going on behind the scenes.

Second Reason Why You may Feel Your Case is Stuck in the Mud

After your lawsuit has started, and all the parties you have used have responded to your allegations, you now have to ask the court for a scheduling conference. This is where both sides will agree on a deposition date and so on. There could be a significant gap in time, again spanning many months before you are actually notified for your deposition. This is the second reason why you might believe nothing is going on in your personal injury case.

A Stack of Cases

After all discoveries are complete and you tell the court that your case is ready for trial, your case will be included in the bottom of the pile of a large stack of cases. Slowly, your case will climb to the top of the pile, and you will be called for a pretrial conference. However, during this period, you could feel that your case has been neglect or is being ignored since there could be so much quiet time at this stage.

It could many months before your case is called up for trial once you have notified the court of your case being ready for it. Even though it may seem there is nothing going on in your case, the reality is that there is a lot going on. Your case is waiting to come up for a pretrial conference, and your attorney will be preparing you case for trial. Your lawyer will be contacting your witnesses and talking to them about what they should be expecting and what questions they will probably be asked.

Your attorney will be mobilizing all the ammunition and his entire arsenal for the trial. They want to win this case as much as you do.

These are the main reasons why you could believe your personal injury case has been tossed into the garbage. The waiting can be frustrating, but there is nothing you can do. You should know that time is not being wasted and your attorney is making things happen behind the scenes.

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I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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