There is no simple answer for how long a personal injury lawsuit might take. 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 provide you with realistic expectations and work to solve any issues the timetable causes.
In This Article
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- No Two Personal Injury Cases are the Same
- What Factors Could Affect How Long a Personal Injury Case 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 involving 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 how long any other case takes. Your attorney will work to ensure the process proceeds in a way that benefits you the most.For a free legal consultation, call (516) 932-0400
What Factors Could Affect How Long a Personal Injury Case 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 affects 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 the full scope of your injuries and prognosis. If you are still undergoing treatment, you will probably need to reach maximum medical improvement before filing a lawsuit should be resolved. For catastrophic injuries that you will never completely recover from, expert input might be necessary to understand your prognosis and the full extent of your damages. 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 (called the discovery process), depositions, motions, possibly mediation, and potentially a trial. Each phase has its own timeline and possible reasons for delays, which are mostly out of your control.Court Backlogs and Delays
In some jurisdictions, the court system has 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 scheduled for trial before the court reaches 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 stay in frequent contact as we take all necessary actions.
- 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 normal to feel frustrated. We understand that you are facing mounting medical bills, time away from work, and other difficulties related to your case. Our law firm fights for your rights and supports you through the legal process. While your attorney will work to expedite every step of the prosecution of your case, we will not rush the process at your expense. Settling too early could leave you with far less than you need to pay for your medical expenses and other costs. We also 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. 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 and no longer.Complete a Free Case Evaluation form now
What Should I Do if I Think I Need to File a Lawsuit?
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. While no attorney will tell you how long a personal injury lawsuit could take, we will explain the process, avoid unnecessary delays, and stay focused on getting justice for you.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 hundreds of millions 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