We recently settled a case about four years after the accident.
Four years? That's a long time.
Yes it it.
The problem was that the client first went to a lawyer who was not a specialist in personal injury law. He was not board certified in anything. He had no track record of success. He really had nothing more than a cool website that promised the world.
As it is with most consumers, this client really didn't have a good idea of how to find the right lawyer for his case. He knew nothing of Avvo.com, Best Best Lawyers or Super Lawyers. He didn't know to ask for board certification.
His lawyer couldn't settle the case. Insurance companies know who the good lawyers are. They wait for the bad ones to mess up.
The old lawyer messed up.
He failed to file an expert witness designation. This is required under the rules. You can't have doctors testify at trial if you don't file this. He was forced to non-suit the case. To dismiss it. Voluntarily.
We were able to revive the case and to get it settled, but not before the client's creditors hounded him and reported him for his delinquent bills.
Sure, lots of lawyers don't like it. (One even called my office yelling at my staff, wondering who "allowed" me to create such material.)
Our answer: no one.
We just did it to prevent cases like this from happening.
Problem is this lawyer is still practicing. Someone else is walking into his office today. Good luck with that.