The Shoulder
The Shoulder
56
warm-grouse-823

Case has been in litigation for months and I feel completely in the dark — is this normal?

Long post, sorry in advance. I was rear-ended pretty badly about two years ago — totally not my fault, police report backed me up, witnesses backed me up, open and shut as far as I could tell. I finished all my treatment close to a year ago now. Spine stuff, took a while.

My attorney filed suit against the other driver several months back and we've gone through depositions and all that. My attorney is pushing for the other driver's full policy limits because honestly that's what the case warrants.

Here's where I'm at emotionally: I feel like I'm just floating. Every few weeks I reach out to my attorney's office and the response is basically "we're waiting on the other side." I get that litigation isn't a microwave — I do. But it's been SO long and I poured a lot into this case (time, stress, physical pain, lost wages, all of it) and I just want to see the finish line.

I'm not trying to be a nightmare client. But I also feel like I deserve more than a form-letter update.

Questions for anyone who's been here:

  • When they're asking for policy limits, does the other side usually drag their feet hoping you'll settle for less?
  • Is there a point where your attorney can force a resolution, like through mediation or something?
  • How did you mentally cope with the waiting? Because it's genuinely messing with my head.

Please don't just say "ask your attorney" — I am, I just want to hear from real people who've lived this.

14replies

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14 replies

  • 19
    brave-otter-817

    Not legal advice, but — when limits are being demanded, the defense carrier sometimes needs to investigate whether their insured might be personally exposed beyond those limits. That process can add time. It's also possible they're waiting on internal approval from a supervisor or committee before authorizing a limits settlement. None of that helps your frustration, I know, but it's not always bad news that they're slow. A slow "yes" beats a fast "no."

  • 19
    spry-crane-469

    Quick question — has your attorney actually filed with the court and gotten a trial date scheduled yet, or is it still in pre-trial stages? Because there's a big difference between "in litigation" and "actually on the court calendar." That detail matters a lot for how much leverage your side really has right now.

    • 10
      tired-rider876

      Seconding this. The same approach worked for me last year.

  • 18
    wise-otter-274

    Mediation is actually a real option here and worth asking your attorney about specifically. A lot of cases that seem stuck will get pushed toward mediation by the court or requested by one of the parties — it's a structured way to force both sides to the table. If your attorney hasn't mentioned it, ask directly: "Are we considering mediation, and if not, why not?" That's a totally fair question and shouldn't make you seem difficult.

    • 7
      gentle-commuter815

      Did you have to escalate, or did they come around after the first ask?

  • 16
    clear-heron-744

    The mental toll of this kind of prolonged stress is real and I don't think people talk about it enough. I've seen patients whose physical recovery was going fine but the ongoing legal limbo was genuinely making them worse — elevated stress hormones, sleep issues, anxiety flares. Please make sure you're taking care of yourself during this stretch. The case will end. Your health has to keep going regardless.

  • 16
    humble-swan-487

    I know it doesn't feel like it, but your attorney asking for full policy limits and not backing down is actually a good sign. It means they believe in your case enough to hold the line. Attorneys who don't think they'll win tend to nudge clients toward quick settlements. The wait is brutal but it might mean you're in a stronger position than it feels like.

  • 10
    wise-tern-715

    Oh man, I felt this in my bones. My case dragged on for almost 18 months after treatment ended and I thought I was going to lose my mind. The waiting is its own kind of injury honestly. What I found out eventually is that the other side's insurance was doing exactly what you suspected — stalling, hoping we'd blink and take less than limits. We didn't. It resolved, but not on my timeline at all. Hang in there.

    • 1
      hopeful-passenger856

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

  • 9
    swift-wren-392

    Ask your attorney to put a deadline in writing to the other side. Not a suggestion — a deadline. If they won't respond by X date, you proceed to trial prep. Sometimes the only thing that moves an insurance company is feeling like the other side is serious about going all the way.

  • 7
    tidy-crane-673

    I'll be straight with you — from the inside, when a claimant's attorney is demanding limits, we'd sometimes sit on it and wait to see if they'd negotiate down. If your attorney isn't budging and has a solid file, the carrier eventually has to make a decision. The closer you get to an actual trial date, the more serious they get about resolving it. A trial date on the calendar changes everything for them.

    • 4
      grounded-offramp521

      Took me three tries but they finally budged. Don't give up.

  • 6
    genuine-badger-948

    When policy limits are on the table, the other driver's insurance company has every incentive to slow-walk everything. They're earning interest on that money while you're sitting there stressed. Don't be surprised if they come back with a lowball offer right before a trial date just to see if you'll fold under pressure. Classic move.

    • 1
      curious-passenger660

      Same boat here. Did anyone mention a deadline to watch out for?