Problem with my case manager?(personal injury case)HELP?

I have a personal injury case going on. and i usually call my case manager once a month to find out if there has been anything new with the case. Everytime i call him he always say we are about to file now....we are about to file now and i would call back the next month and nothing has been done. He has been saying this for 3-4 months now. Why do you think it is taking them so long to file? Its not like they dont know my injuries. the main thing they said they was waiting for was my surgery to be done. And that has been done 4-5 months ago. Also do you think they are just racking up a bill/ expenses? what are some of the expenses i would pay for besides the 33%? And i think i know why he is Ignoring my calls and letters is because they havent filed yet like they said they are. And also is the case manager respond for the filing what is his role in my case?. I live in the state of NY.

by Maryfran... Member since:
July 30, 2006
Total points:
2762 (Level 4) Fire them, if you can. If not, record every contact in detail, in writing. Their procrastination could compromise your case, either by allowing evidence to be lost and memories to fade, or by passing some statute of limitations.

Ask specific questions: Do you need any other paperwork? Anyone you need to interview? Who, specifically, is working my case (not just the office)? Is there anything I can do (if you are in fact able to do something)--type, acquire documents, assemble documents, hand-carry them to the courthouse, etc.? What specific things need to be done before you file? When is the statute of limitations? When do you plan to file? State that you are quite concerned over how long the process is taking--you don't want a principal defendant to retire, move, or die before it goes to court, etc.

Of course, don't be accusative, but try to nail them down as to what the problem is, what they need in order to correct it, what you can do to help, and when they intend to do it.

They may be in cahoots with the defendants, and they may simply be swamped. Maybe a key assistant moved and they can't find all the paperwork. But if your wheel doesn't squeak, they may continue to give your case short shrift.

So SQUEAK!!!!!--nicely, but do squeak!

And keep squeaking. Don't take no for an answer. If they try to make you feel like you're bothering them "too much," be apologetic, but firm: "I'm really sorry to bother you so much, but I have a lot at stake here and I'm getting really worried." And follow up. If they keep waffling, say, "I guess you are really busy. Can you recommend someone else I can take my case to who isn't so busy?" With that subtle(?) threat to take your business elsewhere, maybe they'll be spurred into action.

And take extensive notes! Who you talked to, date (and time), and as much detail as you can remember about what was said. You might even say (if they're giving you non-answers), "I'm making a note of what you're saying, but I don't quite understand your answer. Are you saying that . . . .? I need to understand your answer well enough to write it down."

Get the book, "When I Say No, I Feel Guilty," by Manuel J. Smith. It's about how to assert yourself in situations like this. It's invaluable.

What? A case manager? I have never heard of a case manager in any type of legal claim. A case manager for any legal claim is called a lawyer. I do not know why he would not have filed the claim by now unless he is trying to settle with an insurer or something without going to court. The 33% contingency is all he is entitled to get, and is supposed to cover expenses. It would make more sense if this were a Worker's Comp. claim, if it were, you would possibly have a case manager at the W. comp. Commision, but they don't get a percentage of your recovery at all. This does not make sense at all.

i have never in my life heard of what you guys are talking about. no one can leach a percentage of a personal injury claim except an attorney. i wish i knew what "case manager's" name was so i could go ask him why he is practicing law w/o a liscense. is this in america? it's rediculouse.

that girl underneath me is insane. and oblivious. she must be a "case manager." go get a lawyer genius. no none without a liscense to practice law can 1. file a claim (except on their own behalf). 2. work on a contingency basis related to a claim. it is illegal. it is actually a criminal offense. it is when i see answers like these that i want to sue yahoo for harming society by giving completely stupid people a place to [pretend to be attorneys.

it was me who gave you the thumbs down. why don't you go tell your case manager about it. maybe he'll file a claim against me.

Usually the case manager would be handling things mainly in trying to settle your case out of court (pre-suit). If they cannot negotiate a settlement with the insurance company then a lawsuit can be filed in your case and a paralegal or an attorney should handle it from there.
In the pre-suit stages a demand to the insurance company is usually made after you have reached mmi or maximum medical improvement, meaning you are no longer under medical treatment. This can take a reasonable amount of time, depending on your injuries. Once the demand has been made, the insurance company will have a certain amount of time to make an offer, which in most cases is low and the negotiating can take months after you are done treating with your doctor. Hang in there, sometimes insurers such as Geico and Progressive will get together with firms towards the end of the year and try to clean out their inventory of cases. Good luck.