It is challenging to predict how long a New York personal injury case will take to resolve because the circumstances surrounding each case are unique. But negotiating a settlement or obtaining a verdict in a personal injury lawsuit can take a long time.
Injury is the Basis of Every Case
The first step in this process is a detailed interview with you to:
- Better understand your background
- Understand how the accident happened and your current health status
- Know future treatment needs
As part of our interview, we will ask you about your work history and whether the accident has affected your ability to earn a living.
Remember that gathering the necessary medical bills and records can take several weeks to months. After receiving this information, we communicate with the insurer or attorney representing the other party. The best course is to delay negotiations until you reach maximum medical improvement (MMI). If you do not, you may receive an offer that is too low.
Trial Period for Personal Injury Claims
Many claims settle through negotiation or mediation, but our firm prepares every case as if it is going to trial, because a trial may be necessary if a fair settlement cannot be reached.
The court schedules a trial based on its availability, which depends on several factors, including:
- Where the case will be heard
- Availability of key witnesses
- The number of cases already pending in that court
Update: New York changed this rule in 2026 for motor vehicle cases. For lawsuits started on or after May 26, 2026, the passage below has been superseded. For details, see New York’s 2026 Changes for Motor Vehicle Injury Cases.
During the trial, each side will present evidence about who is responsible for causing the accident. Additionally, personal injury claims in New York follow a pure comparative negligence rule, meaning if the jury assigns you a percentage of fault, it will reduce your financial compensation accordingly.
Considering the many variables involved, speaking with an attorney about your specific case and the parties involved is the best way to determine how long it will take to settle your injury claim. At The Eskesen Law Firm, we strive to obtain fair compensation as quickly as possible.
Questions about your own accident?
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