How Long Does a Car Accident Lawsuit Take in New York?

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.

Multiple factors play a role in determining how long a lawsuit will take. 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 the opportunity to claim greater damages from a jury award, like for your pain and suffering.

Call our New York 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?

Before filing a lawsuit after a car accident, you will likely have to file an insurance claim first 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. 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.

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 requiring extensive investigation by law enforcement may take more time to get to court, making it last longer overall.

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.

Preparing and writing car accident lawsuits takes time, and giving our lawyers as much of the three-year window as possible to work on your case is important. The sooner we begin, the faster your recovery may be, so do not delay your case unnecessarily after an accident.

What Factors Make Car Accident Lawsuits Take Longer in New York?

Certain factors might make car accident lawsuits take longer than plaintiffs expect. For example, lawsuits involving multiple negligent drivers as defendants could delay or complicate settlement negotiations, as arguments could arise about each party’s percentage of fault. Or, 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.

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 involves multiple vehicles, you might deal with multiple defendants. Our New Your car accident lawyers can approach these types of cases with accident reconstruction experts, who can work to allocate fault appropriately to each involved driver after reviewing physical evidence, photographs, police reports, eyewitness statements, and property damage reports.

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.

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 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 or fairly, for that matter.

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. Furthermore, defendants faced with strong evidence during settlement negotiations might be inclined to settle faster and better to avoid being found liable in court.

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.

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. 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 after plaintiffs file. Sometimes, neither party wants to go through a grueling trial, and settlement negotiations begin almost immediately. Other times, neither party is willing to concede to the other in the slightest, and a settlement may take more time or may not come at all.

Settlement agreements can take a very short time to reach 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. Victims are often motivated by high medical bills and stressful lost wages, though our lawyers will remind them of the value of their claims to prevent them from accepting bad settlements.

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 extent of the victim’s damages. In some cases, the damages are determined relatively quickly. This is more common in cases that only involve 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.

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 ever filed. The parties will go back and forth with settlement offers and counteroffers until an agreement is reached. There is no deadline on this process, but you should be careful about taking 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 the costs of your damages can be a challenging process, 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.

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.