One of the most common questions personal injury clients ask is: “How long will this take?” The answer depends on several factors—including the complexity of your case, the severity of your injuries, and how cooperative the insurance company is.
Here’s a breakdown of what you can expect, and how a personal injury case typically progresses in New York.
Average Timeframe: Several Months to a Few Years
Most personal injury cases in New York are resolved in 6 months to 2 years, though some settle faster and others take longer—especially if a trial is involved.
- Medical Treatment and Recovery (1–6+ Months)
Your health comes first. Your attorney will typically wait until you’ve reached maximum medical improvement (MMI) before negotiating a settlement. Why?
- It ensures all injuries are identified
- It allows for accurate calculation of future medical needs
- It avoids undervaluing your case
- Investigation and Evidence Gathering (1–3 Months)
This includes:
- Reviewing medical records
- Collecting photos, witness statements, and police reports
- Consulting experts (if needed)
The stronger the evidence, the better your negotiation position.
- Filing the Claim or Lawsuit (Varies)
- Insurance claim: May be filed soon after the injury
- Lawsuit: Must be filed within New York’s statute of limitations (generally 3 years)
If the insurance company won’t offer a fair settlement, your attorney may file a lawsuit to preserve your rights.
- Settlement Negotiations (Several Weeks to Months)
Most personal injury claims are settled before trial. Your attorney will:
- Present a demand letter
- Negotiate with adjusters
- Advise whether the offer is fair
This phase can involve back-and-forth offers over weeks or months.
- Litigation and Trial (If Needed – 1–2 Years or More)
If settlement isn’t possible, your case may proceed to court. This involves:
- Discovery (exchange of evidence)
- Depositions
- Pre-trial motions
- Trial scheduling (often delayed by court backlog)
Even during litigation, many cases settle before reaching the courtroom.
What Can Delay a Case?
Several factors can slow things down:
- Ongoing medical treatment
- Disputes over fault or damages
- Multiple parties involved
- Complex injuries requiring expert testimony
- Insurance company delays or bad faith tactics
Can I Do Anything to Speed It Up?
You can help your case move faster by:
- Following your doctor’s treatment plan
- Keeping all appointments and documentation
- Responding promptly to your attorney’s requests
- Avoiding social media posts that could hurt your case
Patience Pays Off
While it’s natural to want a quick resolution, rushing can leave money on the table. Let your attorney guide the timeline to maximize your recovery—financially and physically.
Want a personalized estimate for your case timeline? Let’s talk.
Contact the Personal Injury Law Firm of Figeroux & Associates
Schedule a free consultation today!
Call 855-768-8845
Visit www.askthelawyer.us
