Lets see? PI attorney gets paid when case settles. Insurance company gets to keep earning interest on money until case settles and Defense attorneys get to keep billing on a case until it settles. Yup it is clear that the Plaintiff’s attorney is the one most interested in stalling. Oh, wait…
Heh, in California, the statute says that an attorney in a workers’ compensation case is entitled to “reasonable” fees, which are then set administratively at 9% - 12% of the award, except in unusual cases. That got upheld, even back when California’s Supremes were relatively liberal.
Sorry, but all I can tell you is what I did, and experienced as a defense attorney. <shrug> YMMV.
And I already mentioned upthread why it is that PI attorneys are not quick to resolve cases. It isn’t lack of desire, it’s lack of available attention to cases, since they have an overly full caseload.
DSYoung- Sorry for the snarky tone.
LouisB- Sorry you got upset by my comments last night. FWIW none of them were directed at you but rather at the stupid advice you were given about demanding a 5 page report from your attorney. You should be able to discuss your case with your attorney and be provided information so that you are comfortable. I will note that there are some clients who (not saying you) always want to talk about their case they call daily for updates. Rather than blow them off I will explaine that I have been more than generous with my time and they are welcome to find another attorney. From my experience few other attorneys are as patient and willing to talk as I am, but I have limits. Like when they get by my answering service at 11pm on friday by making up some emergency then when I get on the line they say “I just wanted to see how my case is going”.<-------------true story
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ps-When I said the attorney is not the clients employee I meant that the client has no right to tell him how, when or where to do his job. He does work on their behalf but he do not work for them. Maybe it is a pointless distinction for you but I assure you it not pointless to me considering some of the wacky clients I have had.
Listen, gather, research, advise, carry out. That’s the job in a nutshell.
Insurance defense can be odd in Virginia in that a lot of the companies do it inhouse so they don’t have an incentive to drag it out. The adjusters are usually the ones who determine what the settlement offers are so the aren’t going to drag it out too much.
How long ago was the case filed, LouisB? I don’t know that the insurance is going to settle until they know what your damages are.
How long does it take from the date that the Complaint to get to trial, Really Not All That Bright?
Absolute minimum of 9 months. There’s no statutory maximum limitation (once the complaint is filed), but the FL RCPs “recommend” an 18 month maximum (ie., no continuances if the case has been noticed for trial except in extreme circumstances).