- Answer: The timeline for every personal injury case is different, but more complex cases generally take longer.
- While quickly settling with an insurance company may close a case faster, you may need to negotiate for fair compensation, which can take time.
- A lawsuit involves the court system and typically extends the settlement process, but many victims receive higher compensation when a judge or jury determines the settlement amount.
Several factors can impact how long it takes to settle a personal injury claim in New York. The exact time it takes to settle an injury claim will depend on the party at fault, the severity of your injuries, the insurance companies involved, and how negotiations go.
At Chopra & Nocerino, we understand the need for timely compensation. We also know that a strong case takes time to build, and we’re here to guide you through what that looks like. If you have any questions or would like to discuss your unique situation with an experienced New York City injury attorney, contact us directly at (855) NYC-HURT.
What Are the Main Factors That Determine How Long It Takes Personal Injury Claims to Settle in New York?
There’s no simple answer to how long personal injury lawsuits take. Numerous factors go into the timing of each case, and no two are exactly the same.
Even cases that appear similar can look very different behind the scenes. The more you understand what needs to happen before a case settles, the clearer it becomes that there is no simple way to estimate timelines.
Determining Fault
If it’s not easy to tell who’s at fault for the accident, your attorney must conduct an investigation. This involves sourcing and gathering evidence, often from parties not involved in the claim.
These third parties, such as witnesses or owners of surveillance footage, are not always responsive or compliant with the process. The more difficult it is to obtain evidence, the longer the investigation will take.
Severity of Injury
Compensation in a personal injury case depends on the injury’s impact on the victim’s life. Minor to moderate injuries often settle faster, primarily because the recovery process is shorter and lifetime medical costs are likely to be less.
Catastrophic injuries may involve years of treatment, rehabilitation, and medical support, with residential care entering the picture for some victims. These cases often require expert testimony from medical and disability professionals.
Type of Insurance Coverage
Each insurance provider has its own claims process. Some are streamlined and efficient, while others involve multiple steps and are challenging to track. A personal injury attorney can be in regular contact with the insurer to encourage efficiency, but waiting is often the name of the game.
Suing Government Entities
Rules and procedures are different when suing a government agency or department. These differences may change the timeline of your claim. For example, when suing a city or state entity, you must file a notice with the appropriate authority within 90 days. This early deadline may start the process sooner, but cases can still take time to settle.
Negotiations With the Insurance Company
The negotiation process plays a major role in how long a personal injury lawsuit takes to settle. Cases can settle quickly if the claimant takes the first offer, but the initial amount often fails to cover all of the claimant’s expenses and costs. The attorney can then step in and negotiate.
If the claimant and insurance company cannot agree on a settlement, the claimant’s attorney may file a lawsuit. Unlike an insurance claim, which involves only the insurer and the claimant, a lawsuit puts the issue before a judge or jury, which makes the final decision regarding damages.
A lawsuit is typically much longer and cost-intensive than an insurance claim. However, working with a skilled attorney can be the most effective way of securing fair compensation. Our attorneys work hard to present the strongest case possible on your behalf. In our partner’s words:
“…Certain firms will litigate a case more ferociously and make sure they cross every t and dot every i before they step into that courtroom for a trial if it ever even gets to the trial.” – Sameer Chopra
Related: Know Your Rights: Common Insurance Company Tactics Explained
What Is the Typical Timeline for a Personal Injury Claim in NY?
It’s impossible to estimate in weeks or months how long most personal injury claims take. However, there is a basic timeline. Most cases go through the following process:
- Filing a claim within the appropriate statute of limitations.
- Investigating the case and gathering evidence
- Negotiating with insurance companies
- Filing a lawsuit, if necessary
You can learn more about each stage in our guide to the personal injury claims process.
Contact Chopra & Nocerino for a Free Case Review
As experienced Garden City personal injury attorneys, we’re committed to fighting for the rights of injured New Yorkers. We aren’t afraid to fight for the vulnerable in our community, and our verdicts and settlements highlight our track record of success.
If you think you may have an injury claim, don’t wait. Contact us online or call (855) NYC-HURT today for a free case evaluation.
