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 typically takes one to three years.
Injury is the Basis of Every Case
The first step in this process is to conduct a comprehensive interview with you to:
- Better understand your background
- Understand how the accident happened and what is 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 action is to delay negotiations until you reach maximum medical improvement (MMI). You may receive an offer that is too low if you fail to do so.
Trial Period for Personal Injury Claims
Even though many claims may be settled through mediation, our attorneys prepare every claim as if we were going to trial because a court hearing may be necessary if a fair settlement cannot be reached during mediation.
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
- Cases already pending in court–one to two years may be needed to schedule a trial
Each side will present evidence that proves or denies who is responsible for causing the injury accident during the trial. 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. Our attorneys at The Eskesen Law Firm strive to obtain maximum compensation as quickly as possible.
