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Goldstein and Bashner

Think a case can get settled quickly?Think again. Personal Injury cases can take time to resolve..But not too long.

In my office we just settled a case that took almost ten years to resolve. In fact the case could have gone on for another year had the Judge in the matter not taken a very hands on approach to settlement. The case involved fifteen plaintiffs and multiple defendants. There were dozens of depositions in both the State Court action as well a parallel Federal Court action. This is not typical! What is typical is for many personal injury lawyers to settle cases very fast or for them to take an extraordinary amount of time. The truth ,of course, is somewhere in between. There are two types of cases that settle quicky:
                                                                 1) Cases that are very bad. A good lawyer know that a bad case,either because the injuries are very limited or the liability is very poor, will know that to settle quickly is in everybody's best interest.
                                                                 2) Cases that are very good and where there is a limited amount of insurance. If the client has a leg amputation as a result of an accident and there is a $25,000.00 or $100,000.00 insurance policy will settle quickly.

Most cases require that the lawyer nurture the case. That means a case that has good liability and moderate to serious injuries with a fair amount of insurance will not settle quickly. These cases need attention on a regular basis from the lawyer to make sure the proper medical records are in the file, the client is continuing to see his doctors, experts are being retained and most importantly the defedants are exchanging the discovery needed by the plaintiff. This requires time. Sometimes a great deal of time. In our office a typical construction accident case or car accident case can take 2-4 years to settle. Other factors include any appeals filed(appeals slow down the process)and where the case is filed. In Long Island cases filed in Nassau County move quicker than cases filed in Suffolk County. In New York and the boroughs Queens and New York County are much faster than cases in the Bronx or Brooklyn. You should always question your lawyer if you have a good case with a serious injury and lots of insurance and the case is setteling quickly(under a year).

Likewise you should always be concerned if your case is taking too long. Most cases don't take ten years to settle. If your case is taking longer than a couple of years to resolve have a talk with your lawyer. In most cases there is a reasonable explaination. In those instances when you can't get straight answers contact my office.

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