How Long Does a Personal Injury Case Take in New York?

How long a personal injury case takes to settle depends on how complex the case is (for example, how many liable parties there are) and whether the at-fault party’s insurance company agrees to a fair settlement of your case. A claim may take weeks, months, or longer to settle. Cases that go to trial often take longer than cases that settle out of court.

The Bronx personal injury lawyers at Oresky & Associates, PLLC, stand by our clients, no matter how long their personal injury settlement takes. We will deal with the insurance companies and the liable parties while you focus on your health and recovery.

Average New York Personal Injury Claim Timeline

Your personal injury case timeline depends on who you are suing, how long it takes to investigate your accident, and how the insurance companies respond to your claim, among other factors. Your case may or may not go through all of the steps listed below. Our New York lawyers will explain which steps are necessary in your case and proceed accordingly.

Step One: Emergency Treatment & Legal Help

If necessary, call 911 and go to the hospital after suffering an injury. If you feel comfortable waiting to receive care, you can make an appointment with your doctor instead, but do not delay: seeking prompt medical care protects your health and provides evidence to the insurer that your injuries were caused by the accident in question.

Once you are medically stable, you can speak to our personal injury attorneys. We want to start advocating for your rights and investigating the accident quickly.

Step Two: Medical Care Begins

Your healthcare provider will diagnose your injuries and start your treatment regimen. Follow their recommendations to show that you are taking your injuries seriously. Skipping treatment could give the insurance company grounds to argue that your injuries are not that bad and entitle you to less compensation.

We will use your medical records to help prove your case.

Step Three: Insurance Investigation

How long this step takes depends on the insurer’s policies. The insurance companies involved in your case — including your no-fault insurer, if you have one — will assign someone to examine all available evidence and determine how much they believe your case is worth.

Step Four: Medical Treatment Continues

The more severe your injuries, the longer you will receive treatment. You do not have to complete medical treatment before you seek legal assistance or file a claim: our personal injury law firm will keep track of the total cost of your injuries and fight for the money you are entitled to based on past and future losses.

Step Five: Settlement Evaluation

Once the insurer completes their investigation, they may offer you a personal injury settlement. Initial offers are not always sufficient: insurance companies sometimes take advantage of accident victims by undervaluing their claims and pressuring them to accept inadequate settlements.

We will be in frequent contact with the insurance company, receive all settlement offers on your behalf, and evaluate those offers with you.

Step Six: First Settlement Attempt

Once the insurer makes an offer, you can either accept it (if it fairly reflects your losses) or have us negotiate for a more favorable deal. Our legal team will meet with the insurer’s representatives, such as defense attorneys and adjusters, and present the evidence we collected during our own investigation into your accident.

How long the negotiation phase lasts often has a big influence on how long a personal injury claim takes.

Step Seven: Settlement and Payout (If Early Settlement Is Possible)

In cases where the initial offer is just or we can quickly negotiate a settlement, we might be able to complete your case in the first weeks or months after the accident. We will review the final settlement agreement with you and answer all of your questions about it before you sign.

Once you sign the agreement, you will receive your settlement check, and you cannot file another claim for more money later. Certain exceptions may apply.

Step Eight: Lawsuit Filing & Response (If Needed)

In cases where negotiations stall or are not an option, we can file a personal injury lawsuit and pursue a jury award instead of a settlement. New York State has enacted strict deadlines by which you must file your lawsuit. We will sue all parties who contributed to your injury.

In some cases, the insurer will want to avoid a trial and offer a just settlement after you file your suit. If this happens, we will repeat Steps Five through Seven and help you come to a satisfactory arrangement.

Step Nine: Discovery Period & Evidence Exchange

We will request evidence from the liable party, such as accident reports and witness statements. The liable party, in turn, has the right to look at the evidence in our possession. This investigatory period, also called discovery, gives both sides the chance to build up their cases in preparation for trial.

Step Ten: Depositions & Defense Medical Exam

In addition to collecting material through discovery, both sides can hire experts and depose witnesses who have information that is relevant to the case. The defense (i.e., the liable party’s team) may also ask that you undergo another medical examination to confirm the severity of your injuries.

We will prepare you for both the deposition and the exam.

Step Eleven: Trial Preparation

This step involves setting court dates, selecting jury members who will consider your case fairly, preparing witnesses who will testify in the courtroom, and determining the best way to present your case to the judge and jury.

Step Twelve: Trial & Verdict

How long a personal injury trial takes depends on how much time each side needs to explain their case and on how long the jury needs to consider everything they hear at trial. Very complex cases with large amounts of evidence and conflicting accounts will generally take longer than cases that are more straightforward.

Step Thirteen: Payment (If No Appeal Is Needed)

The insurance company must pay you whatever amount the jury awarded once a final judgment has been entered.

Once you receive the money, you will be able to pay back those who provided critical services following the accident, if any money is owed. That is also when our law firm will receive the attorneys’ fee we agreed upon when you first hired us.

Step Fourteen: Appeal Process (If Needed)

A personal injury case may take longer if you need to file an appeal. Appeals are a legal remedy available to those who believe there were errors made at trial. For example, if either side in a trial believes the judge mistakenly excluded a certain piece of evidence or provided faulty instructions to the jury, they can file an appeal.

Step Fifteen: Final Payment After Appeal

Once a final decision has been made by an appellate court, except in the most unusual of circumstances, a final judgment will be entered and payment will be made by the responsible party.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Factors That Can Slow Down Your Personal Injury Case

Many of the factors that affect how long a personal injury lawsuit takes in NYC are out of your control: you cannot predict if the liable party will deny liability or if their insurance company will offer a just settlement immediately. However, your own actions can influence your case’s speed and outcome. Actions that may slow your case include:

• Not filing timely reports: You might have to notify various entities about your accident. Delayed filings could result in a delayed settlement or verdict.
• Assigning an incorrect value to your case: Asking for too much could prolong negotiations, while asking for too little allows the insurance company to underpay you.
• Trying to handle your case by yourself: The insurer is much more familiar with the legal system than most accident victims. They will use their knowledge and experience against you.

How to Speed Up Your Personal Injury Claim Process

In general, any step you take to protect your rights will shorten the average time it takes to settle a personal injury case. This includes notifying everyone involved with your case as soon as possible, as well as:

• Collecting evidence from the accident scene: Materials like photos, video, the liable party’s identifying information, and witness contact information make it easier for us to prove your case.
• Getting legal assistance: Hiring a personal injury lawyer from our team makes it easier for you to learn about and understand the laws, regulations, and procedures that govern personal injury claims and lawsuits.
• Saying as little as possible to other parties: Whether on social media or speaking to the insurance company, it is important to watch what you say. Even a seemingly innocent statement could introduce confusion or uncertainty or allow the insurer to strengthen their own case.

We Can Handle Your Entire Personal Injury Case

Oresky & Associates, PLLC, is committed to helping both documented and undocumented New Yorkers get the compensation they are entitled to after an accident, regardless of how long their personal injury lawsuit takes. We are available 24/7 to support you throughout your case and will address your every concern.

To learn more about the services offered by our New York personal injury law firm, call (718) 993-9999 to get a free consultation today.