THE  PERSONAL  INJURY CASE: WHY PERSONAL INJURY CASES TAKE SO LONG: Introduction

One of the inevitable questions a new, or potentially new, client will ask is how long can he or she anticipate it will take until their case is finished.   The honest answer is seldom welcome: though cases have been known to finish in a matter of months, these are the very rare exceptions.  The client should realistically expect the case to last two to four years, with two and a half to three years being average!

It is fair for the client to wonder why a case should take so long.

The purpose of  the articles in this series is to make an attempt to explain why such a seemingly long time is needed to complete this task. At The Orlow Firm we want our clients to understand every aspect of their case. While the explanation may not alleviate the distress at the long haul involved, it will, hopefully, clarify the reasons and thereby give the client a basis for seeing at least some benefit to this lengthy time factor.

Our New York City Personal Injury Attorney series will begin with the “Pre-Intake” phase, followed by “The Intake”, “Beginning Litigation”, “Discovery” and then “Settlement or Trial”.

How Bankruptcy Affects the Ability to Sue for Injury in New York

It is absolutely essential that an individual contemplating a lawsuit for an injury inform his or her lawyer of any bankruptcies, past or present. If there is a pending bankruptcy, then any potential lawsuit becomes an asset of the bankrupt person. As such, the Bankruptcy Court must be appropriately notified and permission must be obtained to pursue the case. If, for any reason, a lawsuit proceeds while there is a pending bankruptcy, and this is done without the permission of the Bankruptcy Court, then upon notification of the bankruptcy proceeding, the court in which the injury lawsuit is pending will automatically dismiss the lawsuit.

This could have dire consequences since the time within which the lawsuit could be started may already have passed so that there might be no chance to bring that suit again once the situation with the Bankruptcy Court is rectified.

At The Orlow Firm you will be dealing with an attorney knowledgeable in personal injury law and the numerous rules, regulations and laws specifically associated with personal injury lawsuits is vital because of highly technical matters such as bankruptcies. Your personal injury lawyer will also work in close consultation with the attorney handling your bankruptcy.

Steve Orlow received his law degree from Cornell Law School in 1968. Prior to forming his practice in 1981, Steve was an Assistant District Attorney in Kings County, New York and then Counsel to the county executive of Queens County, New York.

Steven was elected to the City Council in 1980 to the then existing position of “Council Member-At-Large” representing the almost two million people of Queens County in the City Council. During the latter year of his Council membership, Mr. Orlow established his law practice and, soon after establishing the practice, left the City Council to concentrate on his private practice.

Steve is a civil rights and personal injury attorney in New York.