Car accidents are incredibly dangerous and notoriously complicated. Getting compensation after a car accident might take days, weeks, months, or even years in some cases. It might be difficult or even impossible to predict how long a car accident lawsuit might take.
Multiple factors play a role in determining how long a lawsuit will take. Cases with many facts in dispute might take longer to complete, while a case with simple, straightforward facts might end faster. A Sunset Park, Brooklyn car accident lawyer can help you assess how much time you might have to invest in your lawsuit.
If you were in a car accident, you may be able to file a lawsuit to hold the other person liable for your damages. Our New York car accident lawyers can help speed up the process as much as possible. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.
How Long Will a Car Accident Lawsuit Last in New York?
Before filing a lawsuit after a car accident, you will likely have to file an insurance claim first. The insurance process, like a lawsuit, may be completed rather quickly or take a very long time. New York adheres to a no-fault insurance system. Under this system, car accident victims can file first-party claims with their own insurance providers. This process might be faster than in other states because you do not have to prove fault.
If your insurance does not pay what you need, you can move on to a lawsuit. To be eligible to file a lawsuit in New York, you must have a “serious injury,” as required by ISC Law § 5104(a). A serious injury is defined under ISC Law § 5102(d) and includes significant bodily harm like broken bones, loss of limbs or organs, significant disfigurement, etc. The time it takes to prove you have a serious injury might delay your case even further.
The statute of limitations for a car accident case is 3 years. While this seems like a very long time to file a case, you might need much of this time to prepare your case for court. A complex case or one requiring extensive investigation by law enforcement may take more time to get to court, and your case will last longer overall.
Factors That May Cause a Car Accident Lawsuit to Take Longer in New York
Certain factors might make a car accident lawsuit take longer. Keep in mind that each case is unique, and the presence of these factors in your situation does not necessarily mean your case will take a long time to complete. You should speak with a Queens car accident attorney about your specific case as soon as possible.
Having multiple drivers involved tends to slow accident lawsuits down. When a plaintiff sues one defendant, the case is simpler and easier to handle. If a car accident involved multiple vehicles, you might be dealing with multiple defendants. Each of those defendants could also sue each other or you, and the whole situation becomes very complicated.
Drivers who flee the scene after an accident might also slow down a lawsuit. You cannot sue a driver until you know who they are. If the other driver fled before you could figure that out, you might have to wait until a criminal investigation uncovers their identity.
Serious injuries or death can also cause car accidents lawsuits to take longer. When an accident involves serious injuries or death, the police will conduct an in-depth investigation. The investigation might take a long time, and you might have to wait for an accident report.
Not only that, but more serious injuries might lead to damages that grow over time. Your damages might increase if your condition proves to be chronic or long-term or if it worsens. Many people wait until they have a solid prognosis before filing a lawsuit because changing your claim for additional damages later might be difficult.
Speeding Up a Car Accident Lawsuit in New York
Contrary to factors that slow down a case, some important factors might speed up the process. Just like with the other factors mentioned before, the presence of these details does not mean your case will definitely be completed quickly. Our Brooklyn car accident attorneys can discuss your case with you and help you figure out ways your case could move more quickly.
Stronger evidence often makes a case move along faster. If you have solid evidence demonstrating that the defendant is liable for your car accident, the defendant will have a harder time disputing your allegations. Juries also tend to make up their minds a bit faster when strong evidence points to a clear answer.
Cooperation of the parties plays a significant role in how long a lawsuit might take. If you and the defendant are willing to cooperate and possibly reach a compromise, your case might be resolved sooner. Comprises could include agreeing on evidentiary rulings or stipulating important facts.
Cooperation might also lead to a settlement. A settlement happens when the defendant agrees to pay a certain sum of money to cover your damages. In return, you drop the lawsuit. Settlements are heavily negotiated, which may take a long time or happen quickly. Your willingness to cooperate and the strength of your case may lead to fast settlement offers.
Call Our New York Car Accident Attorneys
If you were involved in a car crash, our Bronx car accident lawyers can help you file a lawsuit to cover your damages. Precisely how long your lawsuit takes will depend on your unique circumstances. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.