How Long Does a Personal Injury Case Take in New York?
Each personal injury lawsuit is different, so each lawsuit takes a different amount of time to conclude in New York. Our lawyers can assess your case to give you an idea of its estimated timeline.
Your personal injury case could take from months to years to finish, depending on the route you take. For example, some victims reach settlements fairly quickly, while others go on to win at trial in New York. While you must bring your lawsuit within three years of the accident, barring possible delayed discovery, that does not dictate how long your case might take to complete. Several things might influence the overall length of your case, from accident to award. These include a defendant’s use of a comparative fault defense, a victim’s need to meet the serious injury threshold, and evidentiary issues.
The Carrion Law Firm’s Queens personal injury lawyers can assess your case for free when you call (718) 841-0083.
How Long Could Your Personal Injury Case Take in New York?
Personal injury claims take varying amounts of time to complete in New York but could last anywhere from months to years. Based on what we know about your claim and from our experience, we can estimate the length of your lawsuit.
For example, complex claims involving several defendants might take longer to litigate, especially if they do not settle out of court. You have to consider the amount of time it takes to prepare a lawsuit for success and the length of the lawsuit itself. Prior to filing, our New York personal injury lawyers must investigate the incident and build evidence of negligence against the defendant named in your claim. This process could take several weeks alone.
Lawsuits can take any amount of time to complete, some dragging on unnecessarily for years. Because of this, victims need to identify when settlement negotiations are stalling so they do not waste crucial time. Though trials can take long, they follow a structure and ultimately reach a conclusion, whereas settlement negotiations might drag on for months without parties reaching an agreement.
How Long Will You Have to File Your Personal Injury Case in New York?
You only have a certain amount of time to file a personal injury lawsuit following an accident in New York. If you miss the deadline, your lawsuit will not get off the ground, so to speak.
According to C.V.P. Law § 214(5), the filing deadline for injury claims is three years from the date of injury. If a minor is hurt by negligence in New York, the statute of limitations would pause until they turn 18. Furthermore, in cases of delayed discovery, the accrual date of the statute of limitations would be the date of discovery instead of the date of the accident. Proving delayed discovery can be challenging and might require detailed medical records and additional evidence.
If you do not file your case on time, the court will likely bar you from recovery, so do not miss the deadline for any reason whatsoever.
Why Do Some Personal Injury Lawsuits Take Longer than Others in New York?
There are many reasons why some personal injury lawsuits might take longer than others in New York. For example, if the defendant uses a comparative fault defense, we might have to take a different approach to address it. Furthermore, victims who must prove serious injury might have to delay filing for a short time. Difficulty gathering evidence and intentional roadblocks from defendants might also lengthen claims.
Comparative Fault
If comparative fault becomes an issue in your case, it could extend your lawsuit. According to C.V.P. Law § 1411, victims of personal injuries might recover less compensation if they were also negligent. When a victim’s negligence is in question, defendants might try to lengthen the settlement negotiations or offer an unfair amount. Even if New York’s comparative fault rules present a temporary hurdle, our attorneys may overcome the situation by showing that the defendant had the last clear chance to avoid the accident or that you did not contribute to the accident in any way.
Proving Serious Injury
If you were hurt in a car accident and need to meet the serious injury threshold, you might have to wait longer to bring your claim and thus wait longer to recover compensation. Under I.S.C. Law § 5102(d), victims can sue negligent drivers only if they have sustained certain serious injuries. Among the various serious injuries are any non-permanent injuries that substantially limit a victim’s daily life for at least 90 of the first 180 days following an accident.
If you qualify to sue under this rule, you might have to wait several months longer to bring your claim so that you show you have a valid lawsuit.
Evidence Issues
Other things, like a lack of evidence, could lead to longer settlement negotiations, as victims could have less leverage over defendants. Victims typically run into evidence issues when they do not intentionally preserve physical evidence from the scene. Proving certain aspects of your case, like breach of duty of care and causation, could be easier with physical evidence, which is why photographing it is important. Our lawyers can also help victims avoid evidence issues by investigating the incident immediately and organizing evidence. We can then submit relevant evidence as necessary, so your claim progresses smoothly in New York.
Defendant Issues
Defendants might cause various problems to try and extend claims or settlement negotiations. For example, intentionally being non-communicative or failing to engage in negotiations genuinely, we can inform the court and proceed as necessary. Identifying intentional disruptions or delays from defendants could be crucial in ensuring your claim does not last any longer than necessary in New York.
Call Our New York Injury Lawyers Now
Call our Brighton, NY personal injury lawyers at (718) 841-0083 to discuss your case for free with The Carrion Law Firm.