The Shoulder
The Shoulder
66
Legal questionsbrave-swan-289

21 months in, new lawyer took over my case, still waiting — is this normal??

I'm honestly so frustrated and just need to hear if anyone else has been through something like this.

Back in the spring of last year I got rear-ended pretty badly by a commercial delivery truck on the highway. The impact messed up my neck and lower back. I did everything right — got checked out, went through months of physical therapy, followed my doctor's instructions the whole way through.

Once my treatment wrapped up, my original lawyer said we just had to wait for all the medical records and bills to come together before moving forward. Fine. But then out of nowhere he left the firm, and my case got handed off to someone new. That transition alone ate up a couple of months.

The new attorney reached out, seemed on top of things at first. Told me he'd already made contact with the other side's counsel and was hoping to get a settlement offer out before we even got to depositions. That sounded promising. But every time I follow up — by email, mostly — I just get "still working on it" or "we're waiting on the deposition schedule."

It's been close to seven months since he took over, and we're looking at almost two years since the accident total.

I guess my questions are:

  • Does a settlement offer usually come before or after depositions?
  • Should my lawyer be the one pushing this forward, or is it normal to just... wait?
  • At what point is it okay to ask for a real status update or even switch attorneys again?

I'm not trying to be difficult, I just feel completely in the dark and the bills from that period are still weighing on me. Any insight from people who've been through this would mean a lot.

11replies

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11 replies

  • 24
    brave-wren-589

    I went through almost exactly this after a truck hit me a few years back. My case also got passed to a new attorney mid-way through, and that transition added months of confusion. The honest answer is that settlement can happen before OR after depositions depending on how stubborn the other side is. In my case, the other side made a low offer first, we went through depositions anyway, and THEN a real offer came. The deposition actually helped because it locked in testimony. Hang in there — it's a grind but two years isn't unheard of for commercial vehicle cases.

    • 4
      steady-neighbor294

      Really glad you posted an update — gives the rest of us some hope.

  • 9
    quick-hare-406

    So in most personal injury cases there's kind of a loose sequence: treatment ends → records and bills collected → demand letter sent → negotiation → and somewhere in there depositions may or may not happen depending on whether it's heading toward litigation. The thing is, if your attorney is talking about depositions, that usually means the case is already in the lawsuit/litigation phase, not just the pre-suit negotiation phase. Those are two pretty different timelines. It might be worth asking your attorney directly: are we in pre-suit or have we filed a complaint? That one question will tell you a lot about where you actually stand.

  • 17
    bright-crow-128

    Just a heads up — the other side's insurance company has zero incentive to rush this. They're sitting on money that's earning interest while you're stressed out waiting. Delays can sometimes be a strategy to wear people down into accepting less. I'm not saying that's definitely what's happening here, but don't let "it takes time" be an excuse for genuine stalling.

    • 3
      quiet-rider573

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 11
    gentle-crow-104

    Not legal advice, but I can say that the timeline you're describing — while frustrating — isn't automatically a red flag for a commercial truck case. These tend to be more complex because you've got a company, their insurer, possibly a separate cargo insurer, and defense attorneys who do this all day every day. The attorney transition is the part I'd want to know more about. You have every right to request a written case status update and a rough timeline of next steps. If your attorney can't give you that, that's worth noting.

    • 0
      tired-traveler454

      This is exactly what I needed to read today. Thank you.

  • 19
    sharp-marten-184

    Stop emailing. Call the office and ask to speak directly with your attorney. Email is too easy to put off. Ask three specific things: (1) has a demand letter been sent, (2) have depositions been scheduled with an actual date, and (3) what is the realistic timeline from here. Write down the answers. If he can't answer those three things clearly, that's your signal to start asking about switching counsel again.

  • 19
    patient-beaver-031

    From the insurance side, I'll tell you that commercial truck claims move differently than regular auto claims. There are more parties involved and the reserves on these cases are often higher, which means more layers of approval internally before any offer goes out. That said, 21 months is a long time with no offer on the table at all. If a demand letter hasn't even been sent yet, that's the piece I'd be pushing on. The demand letter is what kicks off the real negotiation.

    • 6
      mellow-grouse-881

      This sounds so exhausting. Two years of your life dealing with this on top of the actual physical recovery — that's a lot to carry. I really hope you get some clarity soon. You deserve to have someone actually explain what's going on with your own case.

  • 14
    daring-marmot-854

    Quick question — do you actually know if your lawyer filed a lawsuit, or is this still in the pre-lawsuit negotiation stage? Because that changes everything about the timeline and what "waiting for depositions" even means. Those are two very different situations and it kind of sounds like you might not have been clearly told which one you're in.