If you were injured in an accident in New York, it’s common to wonder how long your personal injury case will take to resolve. After sustaining an injury, you’ll likely need compensation to cover your medical bills, lost wages, and other losses. Knowing when to expect compensation can be crucial for your finances.
However, several factors play a role in how long your personal injury case will take, including the severity of your injuries, liability disputes, and whether your case settles or goes to trial.
The Personal Injury Claim Timeline
A typical personal injury claim in New York can take a few months to several years. The exact timeline largely depends on the complexity of your case. However, most cases follow these general steps:
- Investigation and Sending the Settlement Demand: While you’re receiving treatment for your injuries, your lawyer will gather evidence to support your claim, including medical records, witness statements, expert testimony, and accident scene photos and videos. Gathering this evidence and sending a demand to the insurer may take six months to one year, depending on how long your medical treatment lasts.
- Insurance Negotiations: After they receive the demand, the insurer will likely make a settlement offer. Your lawyer will enter negotiations with the insurance company. These negotiations may last one to six months, depending on disputes over liability, necessary medical treatment, and non-economic loss value.
- Filing a Lawsuit: Most personal injury lawsuits conclude with an insurance settlement. However, if the insurance company refuses to offer a fair settlement, your lawyer will file a lawsuit, which can extend the timeline for your case.
- Taking Your Case to Trial: Going through the various phases of litigation, including discovery, more settlement negotiations, and the trial itself, can add one to three years to your case.
Factors Affecting the Timeline of Your Personal Injury Claim
Several key factors can affect the timeline of your personal injury claim in New York, such as:
- Injury Severity: The more severe your injuries are, the more extensive your treatment may be, which can delay settlement discussions. In general, it’s best to wait until your injuries are as healed as they can be before attempting to settle your case.
- Liability Disputes: If liability for your injuries is unclear, such as if there are multiple at-fault parties, your case may take longer as the lawyers and insurance companies negotiate.
- Insurance Tactics: Some insurers intentionally use tactics to get the injured party to accept a reduced amount, such as stalling negotiations or offering lowball settlements. These tactics are meant to pressure injured parties into accepting less than their claim is worth.
- Court Availability: New York courts can get backed up, causing delays. If your case goes to trial, these delays can significantly increase the time it takes to resolve.
- Settlement or Trial: Cases that can be settled without filing a lawsuit generally take less time than if a lawsuit is necessary, while cases that go to trial can take a year or more to conclude.
How a Personal Injury Attorney Can Help
Hiring an experienced New York personal injury attorney can positively impact the timeline of your claim in several ways. For example, they will send your demand letter and file your personal injury lawsuit, making sure there are no errors that could result in delays. They’ll also gather strong evidence supporting your claim, which can make settlement negotiations go more smoothly.
Insurance companies are also less likely to engage in tactics that could cause delays when they know you have legal representation. And if the insurance company tries to delay your case, a lawyer can take the appropriate legal steps to punish them.
Contact Our New York Personal Injury Lawyers
If someone else’s actions or inaction injured you in New York, contact Fessenden Laumer & DeAngelo, PLLC, for a consultation with a knowledgeable and compassionate personal injury lawyer. Our firm has been serving injured New York residents for more than 30 years, and our lawyers always put our client’s best interests first.
