There is no simple answer for how long a lawsuit might take. Personal injury cases vary widely in how long they take to resolve, and many of these factors are outside of your control. The legal process takes time, which is often frustrating and in some cases, can feel overwhelming.
When you work with a Long Island personal injury lawyer from our team, we will ensure you understand the timeline for your case and any factors that could cause delays. We will manage your expectations and work to solve any issues the timetable causes.
- No Two Personal Injury Cases Are the Same
- What Factors Could Affect How Long a Lawsuit Takes?
- How an Attorney Guides You Through the Process
- Your Attorney Understands Your Frustration
- What Should I Do if I Think I Need to File a Lawsuit?
- Speak to Our Personal Injury Team for Free
No Two Personal Injury Cases Are the Same
Each personal injury lawsuit is unique. Some cases that look straightforward on the surface could turn out to be complex, making it challenging to recover appropriate compensation through settlement negotiations. Many claims settle before the victim files a lawsuit, but those with disputed facts, uncooperative liable parties, or catastrophic injuries are more likely to require litigation.
The timeline for how long this could take depends on many things and several other parties’ schedules. This makes it important not to compare the time your case takes to resolve to how long any other case takes. Your attorney will work to ensure the process proceeds in a way that benefits you the most, regardless of how long this takes.
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What Factors Could Affect How Long a Lawsuit Takes?
Factors that affect the time it takes to navigate the legal process and recover compensation in a personal injury lawsuit include:
The Extent of Your Injuries and Medical Treatment
One of the most significant factors that affect any personal injury case is the nature and severity of your injuries. Before your lawyer can accurately assess the value of your claim, we need to understand your injuries and prognosis.
If you are still undergoing treatment, you will probably need to reach maximum medical improvement before filing a lawsuit. For catastrophic injuries, expert input might be necessary to understand your prognosis. This is essential for understanding how much your case is worth.
Liability Disputes or Complex Case Details
If there is a disagreement over who was at fault or how the incident happened, this could significantly delay your case. If the defendant denies responsibility or claims you were partially to blame, it could prevent a settlement and force the case into litigation.
The Defendant’s Willingness to Settle Your Legal Action
Some cases resolve quickly through settlement negotiations. Others drag on because the at-fault party or their insurance company refuses to make an appropriate offer.
When negotiations are unproductive, filing a lawsuit might be necessary. These cases could still settle, but preparing, filing, and litigating a lawsuit takes time, even if the case does not go to trial.
The Litigation Process
After filing a lawsuit, your legal representative must take a series of steps. This includes the exchange of evidence, depositions, motions, possibly mediation, and potentially a trial. Each phase has its own timelines and possible reasons for delays, which are mostly out of your control.
Court Backlogs and Delays
In some jurisdictions, courts have significant backlogs. This means it takes longer for a judge to hear motions or find an open date for a trial. You have little say in when the judge puts your case on the court docket. There could be many cases they must hear before yours.
How an Attorney Guides You Through the Process
When you work with our personal injury lawyers, we will take the necessary steps to ensure you remain well-informed about the progress of your case and what to expect. Your attorney will:
- Keep You Updated: Our legal team will explain the process and keep you updated as we take all necessary actions. That includes filing your lawsuit before the statute of limitations set by New York Civil Practice Laws & Rules § 214. (It is important to note that a shorter statute of limitations may apply to your situation, depending upon the particular circumstances. Book a free case review with our firm to learn exactly what deadlines apply.)
- Determine Liability: Your lawyer will investigate your accident to prove that the other party was at fault.
- Handle Communication: Our legal team manages all communication with the insurance company, court, and other parties. We make sure there are no unjustified delays in your case.
- Gather Evidence: This could include police reports, medical records, photos and video, and witness testimony.
- Fight for Appropriate Compensation: Your lawyer will fight for an appropriate payout in your case through settlement negotiations or litigation.
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Your Attorney Understands Your Frustration
When a stressful process takes time, it is only normal to feel frustrated. Your attorney will understand that you are facing mounting medical bills, time away from work, and other stress related to your case. We fight for your rights and support you through the legal process.
While your attorneys will work to expedite every step of the prosecution of your case, they will not rush the process at your expense. Settling too early could leave you with far less than you need to pay for your treatment, care, and other costs. We handle delays and work to push your case forward while ensuring you have the best chance at securing an appropriate payout based on your damages.
We feel it is important to emphasize that ultimately, the decision to accept or reject a settlement offer is always yours to make. However, we are determined to win the best possible result for you, and this involves knowing that a case should take as long as it needs to, but not longer than it needs to.
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What Should I Do if I Think I Need to File a Lawsuit?
While no attorney will tell you how long a lawsuit could take, we will explain the process, navigate the journey for you, avoid unnecessary delays, and stay focused on getting justice for you.
If you were hurt and are considering legal action, you should discuss the specific details of your case with a personal injury attorney. The sooner your lawyer begins work on your case, the better.
Speak to Our Personal Injury Team for Free
Friedman & Simon, L.L.P., offers free consultations for injured victims. We have represented accident victims since 1991 and have secured over $250 million for our clients. We will review your case and discuss how our personal injury lawyer will help you, no matter how long your lawsuit takes. Contact us today. We serve clients on Long Island or elsewhere in the New York metropolitan area.
Call or text (516) 932-0400 or complete a Free Case Evaluation form