Whereas it is understood that personal injury claims in the State of New York follow specific temporal patterns, this document sets forth the general expectations and variables affecting case resolution.
Most cases are between 6 months and 3 years from start to finish. Here’s the deal:
Getting Better Comes First
You need to heal before we can begin. Your doctors will tell us when you’ve reached what they call “Maximum Medical Improvement”—basically when you’re as good as you’ll get. This could take weeks or even years. We can’t rush this part because we need to fully understand your medical situation.
Building Your Case
The next chunk of time (usually 1-6 months) is spent gathering all the evidence. Your lawyer must access medical files, witness statements, and possibly experts. This part takes longer if we’re dealing with something complicated, like a lousy surgery or a faulty product.
Legal Deadlines Matter
New York gives you three years to file a lawsuit after you get hurt. Even if you’re trying to settle things outside court, competent lawyers file anyway to keep the option open. Better safe than sorry.
The Back-and-Forth
This is where things can drag on. Your lawyer and the insurance company will go back and forth for months, sometimes over a year. Most cases end here with a settlement, especially when it’s crystal clear who messed up and how badly you got hurt.
If We Have to Go to Court…
Now we’re looking at 1-3 years, easy. The trial might only take a few days or weeks, but getting on the court’s calendar can take forever. New York courts are packed.
What Makes Things Take Longer?
Terrible injuries need more time to evaluate
When both sides are pointing fingers at each other
Insurance companies playing the waiting game
Backed-up courts
Quick Money vs. Big Money
Look, you can usually get a quick settlement if you want one. But here’s the truth: insurance companies offer fast money, hoping you’ll grab it before realizing what your case is worth. The patient folks usually walk away with more cash.
Wherefore, based on the complexity of your case, expect:
- Simple stuff: 6-12 months
- Medium difficulty: 1-2 years
- Complicated mess: 2-3 years or more
In conclusion, get a good lawyer, keep your paperwork organized, and don’t let anyone rush you into settling. That’s the imaginative play.
