How long it takes for New York personal injury lawsuits to resolve depends on factors specific to the case. Below, we’ll dive into those factors and how they might affect whether your claim or lawsuit takes weeks or years to resolve.
The Potential Value of Your Case
Catastrophic injury cases are often much higher value than a standard injury case. Insurance companies want to save as much money as possible; as such, they often fight higher-value cases tooth and nail. They may delay your claim by requesting excessive documentation, disputing liability, or dragging out negotiations in hopes that you will settle for less.
Aviles Law Firm PLLC anticipates these tactics from the start. By preparing every case as if it will go to trial, our lawyers put pressure on insurers to take your claim seriously and fight for the maximum compensation you deserve.
How Long It Takes to Reach Maximum Medical Improvement
Another important factor is your medical recovery. In many cases, lawyers cannot fully calculate damages until the injured person reaches what doctors call “maximum medical improvement” (MMI). This is the point where your condition has stabilized, and future care needs can be more accurately understood. Waiting until MMI ensures that you are not forced into a settlement that fails to cover long-term medical costs, lost income, or the lifelong impact of a catastrophic injury.
People who accept offers before reaching MMI often find themselves paying out of pocket for future care. This could be due to an unexpected surgery or complications of an injury. It can take months or more to reach MMI, but you risk recovering much less than you deserve if you resolve your case before this time.
Whether Fault Is Disputed
In some cases, fault is obvious. For example, if a drunk truck driver passes out behind the wheel and crashes into your car, it will likely be difficult for the driver and their employer to dispute fault. However, if the other party can credibly dispute fault, we may need to wait for the results of an independent investigation to hold the party liable.
Whether You Need to Negotiate
Insurers rarely give injured people the compensation they deserve in the first offer. If you need to negotiate, your case will likely take longer to conclude. Insurance companies often start with low offers, hoping you’ll accept out of financial pressure. When the injuries are catastrophic and the stakes are high, these negotiations can stretch on as insurers push back against paying full value.
At Aviles Law Firm PLLC, our lawyers know how to counter these tactics. By building strong evidence and preparing every case as if it will go to trial, we increase the pressure on insurers to make a fair offer. While negotiation may add time to the process, it is often necessary to secure the level of compensation you truly deserve.
Whether You Settle or Go to Trial
In some cases, you may need to go to court to get the compensation you deserve. This often happens when the insurance company refuses to take responsibility, disputes the extent of your injuries, or simply refuses to make a fair offer. While going to court can add time to your case, it may be the only way to hold the other side accountable.
The lawyers at Aviles Law Firm PLLC are experienced trial attorneys who prepare every case as if it will go before a jury. This reputation alone often pushes insurers to settle rather than risk facing us in court. And if trial becomes necessary, you can trust that we will stand by your side and fight for the full compensation you deserve.
Whether the Case Is High-Profile
We regularly handle high-profile cases like airplane crashes and train wrecks. These cases often cause substantial damage and receive a lot of attention, which means that it may take longer to investigate. We may need to wait months or years for an investigation to conclude before we can resolve the case.
Court Delays and System Backlogs
It is also important to remember that some delays are out of your control. New York courts handle a high volume of cases, and scheduling backlogs can slow the process if your case must go to trial. While these delays can be frustrating, having a law firm with strong trial experience—like Aviles Law Firm PLLC—helps ensure your case is positioned for success once it does reach the courtroom.
What Should I Expect from a Personal Injury Lawsuit?
Every personal injury case is unique, but most lawsuits generally follow a similar path. Understanding what to expect can help ease some of the stress during what is often an overwhelming time. At Aviles Law Firm PLLC, our lawyers prepare every case as if it will go to trial, ensuring that no step is overlooked.
Filing a Lawsuit
The process begins when your lawyer files a complaint in court, outlining the facts of your case, the harm you suffered, and the compensation being sought. This is the formal start of your lawsuit.
It is important to note that filing a lawsuit does not automatically mean you will go to court. Many people are hesitant about filing a lawsuit because they assume it means a long, drawn-out trial.
The Defendant’s Response
Once the lawsuit is filed, the defendant (the party you are suing) has the opportunity to respond. If the case involves a government entity, there are special notice requirements and strict deadlines that must be met. Missing these deadlines can jeopardize a case, which is why having an experienced attorney is so helpful.
Discovery
The discovery phase is often the longest part of a personal injury case. During discovery, both sides exchange evidence, documents, and information relevant to the lawsuit. This is where critical evidence is gathered, everything from medical records to workplace safety reports, that can make or break a case.
Depositions and Interrogatories
As part of discovery, witnesses, experts, and even the injured party may give sworn testimony outside of court through depositions. Written questions, called interrogatories, may also be exchanged between the parties. This process can feel invasive and stressful, but it is a key part of building a strong case. Aviles Law Firm PLLC prepares our clients thoroughly so they know exactly what to expect during this stage.
Settlement Negotiations
Many cases resolve before ever reaching trial. Once the evidence has been exchanged, the parties may engage in settlement discussions or mediation. While a settlement can provide closure and compensation more quickly, Aviles Law Firm PLLC never pressures clients to settle for less than they deserve.
Trial
If a settlement cannot be reached, the case proceeds to trial. Here, both sides present their arguments, witnesses, and evidence before a judge or jury. Trials can be unpredictable and emotionally taxing, but they also provide the opportunity for full accountability. Aviles Law Firm PLLC’s reputation is built on being trial-ready; our lawyers have considerable trial court experience and advanced personal injury litigation tactics.
Will My Case Resolve Itself Faster if I Hire a Lawyer?
A lawyer can’t expedite a case. However, our lawyers can handle tasks that are time-consuming and easy to mess up. A mistake can delay your case for months.
How Long Do I Have to Take Action After an Injury in New York?
New York law limits how long injured people have to act after an accident. This is known as a statute of limitations. New York’s statute of limitations for personal injury, found in CVP § 214, is generally three years. The statute of limitations for wrongful death cases, found in EPTL § 5-4.1, is typically two years.
Get Help With Your Injury Case Today
When you’ve been seriously injured, one of the most stressful questions is: How long will this take? Medical bills and lost income can create overwhelming pressure, and waiting for compensation can feel unbearable. The truth is that every case is different, and the timeline depends on many factors. What you can count on is that Aviles Law Firm PLLC works tirelessly to move cases forward while fighting for the full value our clients deserve.
Every case follows its own timeline, but you don’t have to navigate that uncertainty alone. Aviles Law Firm PLLC prepares every case as if it will go to trial, pushing back against delay tactics and fighting for the maximum compensation possible. If you have questions about how long your case may take, we can review your situation and give you clear guidance on the road ahead.
And you can be sure, our personal injury law firm in the city of New York will stand by you, no matter how long it takes for your claim or lawsuit to resolve. Get our help today.
