Questions surrounding how long a personal injury case can take to settle are very common among people who suffer injuries in New York. If you ask an attorney about this question, they will tell you that the duration of the case depends entirely on the particular facts of the case, including the type of case, the severity of your injuries, the amount of insurance available, the particular defendants or insurance companies involved, and more. Because of all of those factors, it can take several months, or a few years if a case is litigated to or near trial.
How Long Can A Personal Injury Case Take?
Most personal injury cases that involve more than two parties take a very long time to settle. The reason is that multiple parties add complexity to the case, with each party trying to move the case in their favor. Often, the complexity of the case is the biggest variable.
The time a case takes to settle can lengthen even in a clear-cut case where the defendant admits their fault. Even then, the defendant or its insurance company may argue that your injuries were not caused by the accident, or not as severe as you claim. Often, treatment of the injuries itself takes many months. So attorneys often wait to begin a lawsuit while the injured person completes medical treatment, so that the injuries can be proved, but only as long as the filing deadline allows. In New York, that deadline is generally three years from the accident (CPLR 214(5)), and claims against the City or another public entity require a notice of claim within 90 days (General Municipal Law § 50-e).
Another thing that can contribute to the time involved to resolve a personal injury case is the investigative process, which includes compiling documents, medical records, video evidence, statements, and all the documented material that helps lawyers settle a case for you.
Sometimes, the medical providers cooperate and promptly provide the records and bills. But even with cooperation, from the time when you are done with treatment, it can take a few months to get all the evidence and documents in place. Most attorneys make sure that they have everything in place for your claim prior to beginning the lawsuit. Only after that material is compiled will the insurance company be able to make a complete evaluation.
The Procedure in a Personal Injury Case
The lawyer must collect all the medical bills and records and send them to the insurance company. Once the insurance company reviews the medical bills and records, they may make an offer on the case, but often they may not make an offer, or the offer they make is not sufficient to compensate you for your injuries. This initial process alone can also take some time, depending on the case’s complexity and the documentation volume.
After reviewing the documents, negotiations may occur. One factor in a successful negotiation is to be patient. Constantly trying to persuade the company to make an initial offer or a higher offer to resolve a case faster may not be the right thing to do if you want to receive fair compensation. Sometimes, such haste could make you seem too eager, which could result in the insurance company keeping offers lower than what is fair compensation for your injuries. This could extend the case deeper into litigation.
Settlement, Trial, and Timing
As you can see, many contributing factors are responsible for the time duration of a personal injury case settlement. A good personal injury lawyer will not trade the value of your claim for speed.
Of course, sometimes, litigation is the only option. No attorney can force a defendant or insurance company to settle. The most we can do is force them to go to trial, where a judge or jury can ultimately force them to pay. What The Eskesen Law Firm does is treat every case as if it is going to trial. That way the insurance company is encouraged to settle as early as possible for a fair amount, without the risk of going to trial.
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