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 New York 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 You Do if You Think You 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 are settled 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 it takes to resolve your case depends on many things and several other parties’ schedules. These factors make 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 following: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 scope of your injuries and prognosis. If you are still undergoing treatment, you will probably need to reach maximum medical improvement (MMI) before filing a lawsuit or accepting any settlement offer. For catastrophic injuries that will never lead to a complete recovery, such as some traumatic brain injuries (TBI) or spinal cord damage, expert testimony might be necessary to understand your prognosis and the extent of your damages. This input 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 or even entirely to blame, it could prevent a settlement and force the case into litigation. Resolving these disputes often requires a more detailed investigation, additional evidence, medical records, witness statements, accident reconstruction, or expert opinions to establish liability and support your claim.The Defendant’s Willingness to Settle Your Legal Action
Some personal injury claims are resolved quickly through settlement negotiations. Others drag on because the at-fault parties or the insurance companies refuse 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. These steps include:- Discovery: Both sides exchange evidence, documents, and other information relevant to the case to better understand the facts and legal issues.
- Depositions: Attorneys question the parties, witnesses, and experts under oath before trial; their testimony becomes part of the case record.
- Motions: Lawyers ask the court to decide specific legal or procedural issues before the case proceeds to trial.
- Mediation: A neutral third party works with both sides to encourage settlement discussions and determine whether the dispute can be resolved without a trial.
- Trial: If the parties do not reach a settlement, the case proceeds to trial, where a judge or jury reviews the evidence and determines the outcome.
Court Backlogs and Delays
In some jurisdictions, the court system has significant backlogs. As a result, 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: Evidence in your case could include police reports, medical records, photos and video, and witness testimony, which we will collect and preserve.
- 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 like a lawsuit takes time, it is normal to feel frustrated. Our attorneys understand that you are facing mounting medical bills, lost wages, pain and suffering, 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 handle every step 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 will handle any delays and aggressively 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 You Do if You Think You Need to File a Lawsuit?
If you were hurt and are considering legal action, you should take these steps:- Report the incident and request an accident report.
- Document what you can from the accident scene with photographs and video.
- Ask witnesses for their names and contact information.
- See a doctor immediately for a complete medical evaluation.
- Avoid discussing fault when speaking with the insurers.
- Discuss the specific details of your case with our personal injury attorney.
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 work to resolve your claim, no matter how long it may take. 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