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, though our lawyers can look for certain signifiers when reviewing your case.
Several factors contribute to determining the duration of a lawsuit. For example, cases with many disputed facts might take longer to complete, while a case with simple, straightforward evidence might end faster. While many car accident lawsuits settle without trial, there is no guarantee of a fast recovery. Settlement negotiations can take months in and of themselves and could stall after some time. Going to court rather than accepting a lowball settlement could extend your case but would also give you the opportunity to claim greater damages from a jury award, like for your pain and suffering.
Call our New York City car accident lawyers for a free case discussion from The Carrion Law Firm at (718) 841-0083.
How Long Does it Take to File Car Accident Lawsuits in New York?
Exactly how long your case may take is hard to say without reviewing the specific details of your accident. Whatever the case may be, it is a good idea to start as soon as possible so you have time to explore all your legal options.
Making Time for Insurance Claims
Before filing a lawsuit after a car accident, you will likely have to file an insurance claim since 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 to get damages. That said, personal injury protection insurance doesn’t compensate victims for all losses after collisions. If your insurance does not pay what you need, our lawyers can see if you qualify to move on with a lawsuit.
You may need more time to deal with insurance if you must file a third-party claim with the other driver’s liability coverage. Alternatively, if you must file multiple claims with different insurance policies, you may need a lawyer to help you coordinate benefits.
New York’s “Serious Injury” Rule
If you want to file a personal injury lawsuit, you may need time to figure out whether you meet the right legal criteria.
To be eligible to file a lawsuit in New York, you must have a “serious injury,” as required by I.S.C. Law § 5104(a). A serious injury is defined under § 5102(d) and includes significant bodily harm like broken bones, loss of limbs or organs, significant disfigurement, and other permanent injuries.
To ensure our lawyers have ample supporting evidence to prove your serious injuries, go to the hospital right after an accident and prioritize your physical recovery.
If your injuries are very clearly serious, we might not spend much time on this issue. However, if your injuries are borderline serious, we might have to spend extra time convincing the court that you meet the legal requirements to file a lawsuit.
How long this takes may depend on when you seek medical care. The sooner you see a doctor after an accident, the better.
The Statute of Limitations
However long it takes us to prepare your case, we must file the case before the limitation period set by the statute of limitations closes. In New York, the statute of limitations for a car accident case is three years.
While this seems like a very long time to file a case, you might need much of this time to prepare your lawsuit for court. A complex case or one that requires extensive investigation by law enforcement may take longer to reach court, resulting in a more prolonged trial. It is not unusual for plaintiffs to spend a couple of years preparing their case before it is even filed.
For example, while a minor accident with more limited injuries could be resolved quickly, a complicated crash involving multiple vehicles, drivers, and passengers with varying injuries will take much longer to investigate.
Until we have an accurate picture of the total damages, we will wait to file your lawsuit, as bringing a case before fully understanding your losses could lead to unfair settlements.
What Factors Make Car Accident Lawsuits Take Longer in New York?
Certain factors might make car accident lawsuits take longer than plaintiffs expect. These factors will vary from case to case, and you should discuss them with your lawyer as soon as possible.
Multiple Drivers
The more drivers who are involved in an accident, the longer the case is likely to take. More drivers mean more people claiming damages, disputing facts, and trying to counter our evidence.
There is also the issue of determining fault. Lawsuits involving multiple negligent drivers as defendants could delay or complicate settlement negotiations, as arguments could arise about each party’s percentage of fault.
When a plaintiff sues one defendant, the case may be simpler and easier to handle. If a car accident involves multiple vehicles, you might deal with multiple defendants.
Our car accident lawyers can approach these types of cases with accident reconstruction experts, who can work to allocate fault appropriately to each driver after reviewing physical evidence, photographs, police reports, eyewitness statements, and property damage reports.
Hit and Run Accidents
Drivers are required to remain at the scene of an accident until the police arrive, barring special or emergency circumstances. If a driver flees the scene, they may be charged with a hit and run, and your case may take longer to resolve.
If you were injured in a hit and run, it could take a considerable amount of time for you to identify the at-fault party, let alone prepare and file a lawsuit against them.
Drivers who flee the scene after an accident might also slow down a lawsuit, as 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.
Severe Injuries
Serious injuries or death can also cause car accident 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 for a solid prognosis before filing a lawsuit because changing your claim for additional damages later might be difficult. Again, our lawyers will only file after calculating your total losses, for which we may involve medical experts who can confirm upcoming surgeries, physical therapy sessions, follow-up appointments, and other rehabilitative treatments you will need, so those costs are covered.
How Our Lawyers Speed Up Car Accident Lawsuits in New York
Contrary to factors that slow down a case, some important factors might speed up the process. That said, the presence of these details does not mean your case will definitely be completed quickly.
Strong Evidence
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. In complicated cases, jury deliberations can take days or longer to complete. The stronger your evidence, the less time a jury may need to make their decision.
Furthermore, defendants faced with strong evidence during settlement negotiations might be inclined to settle faster to avoid being found liable in court.
Cooperative Plaintiffs and Defendants
The cooperation of the involved 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 through an out-of-court settlement. Comprises could include agreeing on evidentiary rulings or stipulating important facts.
When the parties are more willing to compromise during settlement negotiations, there is a greater chance of reaching a favorable settlement agreement more quickly. Not only do we need the defendant to be willing to compromise, but you must be willing, too. This might mean sacrificing a portion of your damages in exchange for a faster settlement.
Even if we do not reach a settlement, acrimonious parties who disagree on every little detail may greatly slow down the case. The more the parties squabble, the more time we may need to finish the case.
Settlement Agreements
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 end the lawsuit. Typically, settlements take much less time than full trials and are often preferred by plaintiffs and defendants.
Settlements are heavily negotiated, which may take a long time or happen quickly after our lawyers leverage compelling evidence during talks. Your willingness to cooperate and the strength of your case may lead to fast settlement offers.
How Long Does it Take to Receive a Car Accident Settlement in New York?
Depending on the willingness of both parties, lawsuits could end through settlement negotiations fairly soon. Sometimes, neither party wants to go through a grueling trial, and settlement negotiations begin almost immediately. Other times, neither party is willing to concede in the slightest, and a settlement may take longer.
Settlement agreements can happen fast when the parties are motivated. If your case is supported by strong evidence and your success is very likely, the defendant might be more willing to settle to avoid paying more at trial.
Settlements can also take a very long time when cases are more complicated and many facts are in dispute. Similarly, if the defendant does not want to settle because they believe you are the one truly responsible for the accident, they may be unwilling to reach any compromise.
Sometimes, a settlement can only be reached if the case becomes very long and expensive. Some people decide to settle because a full trial would cost more money, and our lawyers will help you make the best decision for your physical and financial recovery.
Settlements can take longer, depending on the victim’s damages. Sometimes, damages are determined relatively quickly, like in cases only involving tangible financial losses. However, when non-tangible damages, like pain and suffering, are involved, negotiations may take longer because the parties disagree over the price tag placed on the victim’s pain and suffering.
We can assert your non-economic damages with statements from expert witnesses so that the resulting settlement appropriately covers your intangible losses.
What Happens if a Car Accident Settlement Takes Too Long to Reach?
Settlements can happen very quickly or take time, but what happens if settlement negotiations are dragging on with no end in sight? In that case, you should talk to your attorney about walking away from settlement talks and moving forward with your lawsuit.
Some defendants try to wear down plaintiffs by stalling settlement negotiations. As the end of the statute of limitations gets closer, and the plaintiff has gone a long time without the compensation they need, they might become more desperate.
This stalling tactic is sometimes used to push plaintiffs to their breaking points and accept lower settlements because they feel they are backed into a corner. Remember, a settlement can be helpful, but it is not necessarily the only way to get compensation. If we believe the defendant is purposefully stalling, we can tell them that settlement talks are over, and we will see them in court.
Sometimes, defendants will come back with a much better settlement offer, as they might not want to try their luck in court. In other cases, they might refuse to back down, and a full trial is the only way to get fair financial compensation.
Is There a Deadline for Reaching a Settlement Agreement After a Car Accident in New York?
Technically, there is no deadline for reaching a settlement agreement for a car crash in New York as long as it happens before a final verdict. Since personal injury trials could go on for weeks or even months, there is usually plenty of time to negotiate a settlement. It is not uncommon for settlement negotiations to break down, only to be revived during your trial when the defendant realizes the jury will likely find them liable.
Settlement negotiations often begin before a lawsuit is filed. The parties will go back and forth with settlement offers and counteroffers until an agreement is reached. There is no deadline for this process, but be cautious not to take too much time. If informal settlement negotiations exceed the three-year statute of limitations relevant to your case, you will be unable to file a lawsuit if negotiations break down.
Reaching a settlement agreement that covers your damages can be challenging, to say the least. Our Brooklyn car accident attorneys are here to assist in any way they can, such as by preserving and leveraging evidence, crafting and presenting arguments, and overseeing the procedural aspects of your case to help ensure your fair recovery.
How Long Do Car Accident Trials Take?
If you choose to have a full trial for your car accident case, the trial may take anywhere from a few days to a few months or even longer, depending on the circumstances.
Some trials do not last very long at all. It might only take us a few days to fully try your case in a court of law. This is more likely if there is only one defendant, the facts are relatively straightforward, and our evidence is strong.
In other cases, a trial might last for a week, several weeks, or longer. This is more likely if there are multiple defendants involved, with each pointing the finger of blame at someone else. Trials also tend to take longer when facts are more complicated, as we need more time to parse through everything and explain it all to a jury.
Remember, the trial itself usually takes less time than it takes to actually prepare for the trial. Often, the trial commences after many months of prep work.
What to Do if You Need Compensation for a Car Accident Fast
The thing about car accident lawsuits is that they tend to take more time than many people can spare. You might have enormous bills piling up while your case is pending, so getting compensation as fast as possible is ideal. If you do not have the time to wait, your attorney can help you.
For some, there are no other financial resources to draw on while they wait for the results of a trial. Many of us live paycheck to paycheck and cannot wait for a settlement or a verdict. In such cases, you may need to rely on assistance from friends or families. Alternatively, your attorney can help you look into other forms of financial assistance.
Call Our New York Car Accident Attorneys Today for Help with Your Case
Call the Bronx car accident lawyers of The Carrion Law Firm at (718) 841-0083 for a free case evaluation.