How Long Will My Car Accident Case Take to Settle in New York City?

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How Long Will My Car Accident Case Take to Settle in New York City?

How Long Will My Car Accident Case Take to Settle in New York City?When you’re involved in a car accident in NYC, you may be entitled to compensation if someone else was at least partly responsible. You might wonder: “how long will my car accident case take to settle in New York City?” 

At The Law Offices of Jay S. Knispel, LLC, we know that you’re probably facing mounting medical bills and loss of income–all while enduring the pain of an injury. The idea of waiting months for a settlement might seem overwhelming. 

Our NYC car accident lawyers have over 25 years of experience helping clients like you. We’ve broken down the personal injury process so that you know what to expect. If you’re interested in more specific legal advice, call our law offices in New York, New York, to schedule a free consultation.

How The Law Offices of Jay S. Knispel, LLC Can Help Settle Your Car Accident Claim in New York City

How The Law Offices of Jay S. Knispel, LLC Can Help Settle Your Car Accident Claim in New York CityMost NYC car accident cases settle before trial. That doesn’t mean the process will be fast or easy. However, having an experienced New York City personal injury lawyer by your side can help.

Almost every car accident case will involve dealing with an insurance company. The insurance company handles cases like yours every day. An attorney can help you avoid mistakes and get money in your pocket.

When you hire The Law Offices of Jay S. Knispel, LLC, our attorneys will:

  • Conduct a comprehensive investigation 
  • Gather evidence to back up your personal injury claim
  • Hire experts and specialists to convince the insurance company that your insurance demand is fair
  • Handle all paperwork, communications, and negotiations

A simple mistake in the claims process can lengthen the settlement timeline. Also, it’s not always a good idea to take the first offer on the table–even if it might be tempting to settle quickly. 

Our New York City personal injury attorneys work hard from day one. That way, by the time we reach the negotiating table, we’ll have a case that’s strong enough to bring to court if needed.

What Factors Influence How Long a Car Accident Case Takes to Settle in New York, NY?

New York is a no-fault car insurance state. Every driver in the state is required to carry personal injury protection (PIP) coverage. PIP coverage compensates accident victims for medical bills, property damage, and other losses after a car accident.

Under New York law, you first file a claim for damages under your own auto insurance policy. If your injuries are serious, you can then hold other responsible parties accountable.

Despite this, it’s not always easy to get fair compensation from the insurer. In other words, they won’t simply hand over a check. A number of different factors will influence how long it takes your car accident case to settle in NYC.

The Value of Your Personal Injury Case

As a practical matter, insurance companies tend to fight harder in high dollar value cases. Insurance companies have virtually unlimited resources to challenge your claim. When more money is at stake, they’ll devote greater resources toward minimizing the value of your claim.

Where out-of-pocket costs, also called economic damages, are higher, it can take longer to put a fair value on non-economic damages.

Your Medical Treatment and Prognosis

It’s always important to seek medical attention right away after a car accident in NYC or Long Island. 

Prompt medical care is important to:

  • Minimize the severity of your injuries
  • Gather evidence about the overall cost of your medical care

However, many accident victims aren’t released on the day of the accident–or even a few days after the accident.

Car accident cases tend to take longer to settle when victims require more extensive medical care. Accident victims should wait to reach maximum medical improvement (MMI) before accepting a settlement–and, as a general rule, that may take longer serious injury cases. 

Car accident victims can suffer a wide range of injuries, including:

  • Lacerations and cuts
  • Soft tissue damage
  • Whiplash injuries
  • Head injuries
  • Concussions
  • Back injuries
  • Organ damage
  • Broken bones
  • Severe burns
  • Loss of limbs
  • Traumatic brain injuries
  • Spinal cord injuries
  • Paralysis
  • Catastrophic injuries
  • Wrongful death 

More serious injuries, like traumatic brain injuries, can be unpredictable. Remember, your settlement will also cover your future medical expenses. Before we make a demand with the insurance company, our lawyers will consult with your doctors and medical experts, each of whom can testify about your future treatment needs.

Liability

Your car accident claim will probably settle more quickly if liability is clearly established. These cases also proceed more quickly when a single party is responsible.

Where liability is murky or multiple parties share the blame, insurance companies start to point fingers to minimize their own financial responsibility.

Understanding the Settlement Process for Car Accident Claims in New York City

It’s important to understand the personal injury process as a whole. Understanding how the system works can give you a better sense of how long it will take your car accident case to settle.

Calling a Personal Injury Lawyer

The personal injury process in NYC begins when you reach out to a car accident lawyer for help. During your free consultation, we’ll sit down with you and listen to what happened. Then we’ll form a plan to help you move forward.

Investigation and Research

Before we can make a demand for compensation, our attorneys will work to determine what your car accident case is worth. Depending on the severity of your injuries and complexity of the case, that might mean hiring experts and specialists.

We’ll also gather and analyze evidence, including:

  • Medical reports
  • Accident reports
  • Toxicology reports
  • Cell phone records
  • Video footage
  • Witness statements

Cases where causation is more clear-cut tend to settle much more quickly because the evidence clearly establishes liability.

Negotiations and the Insurance Demand

Once we have the evidence to establish liability and you’ve reached MMI, we’ll begin the negotiation process with the insurance company.

That process can be unpredictable. Sometimes the insurance company will offer a settlement that isn’t even close to being fair. Those cases tend to take longer to settle–because your attorney will have to fight harder to convince the insurer to play fair.

Filing a Personal Injury Lawsuit

Sometimes it’s necessary to file a personal injury lawsuit to get fair compensation in your pocket. The simple act of filing a suit might convince the insurance company to offer a fair settlement.

In other cases, it will simply begin the formal personal injury process. If that’s the case, you’ll be assigned a court date, and we will begin the formal discovery process, which can last several months.

Will it Take Longer to Settle If I’m Being Blamed for a Car Accident in New York?

Possibly. New York follows a pure comparative negligence law. That means each party to an accident can be held liable for their share of the blame. 

During negotiations (or in court), each party will be assigned a percentage of fault. That process doesn’t happen in a vacuum. Your attorney will negotiate to minimize your share of the blame. Generally, the settlement process might take longer if shared fault is an issue in your case.

How Can the Cause of the Crash Impact the Timeline for Settling My NYC Car Accident Case?

Before we can even begin the settlement process, we have to find out who was responsible for the crash. That means we have to determine the factors that contributed to the cause of your accident.

Remember, multiple factors can cause an accident–and multiple parties can be held responsible. Sometimes the cause of the accident is clear. If the police toxicology report finds that the at-fault driver was drunk, that will obviously be a factor in the settlement negotiation process.

Other causes are more difficult to pinpoint. Some of the most common causes of auto accidents in NYC include:

  • Distracted driving
  • Failure to yield the right-of-way 
  • Tailgating (following too closely)
  • Speeding
  • Aggressive driving
  • Unsafe passing
  • Illegal lane changes
  • Illegal or unsafe turns
  • Running a red light or stop sign
  • Drug or alcohol use
  • Hazardous road conditions

Accidents happen quickly. You might think that your crash was caused by another driver speeding. That same driver might claim you were distracted and caused the crash. When multiple factors play a role, the settlement process might take longer.

How Long Do I Have to File a Lawsuit After a Car Accident in New York?

New York state law also puts a firm deadline on the settlement process. Under the personal injury statute of limitations, you have three years to file a personal injury lawsuit. Once three years expire, you lose your right to sue for damages.

This time limit effectively caps the settlement negotiation process, as well. That’s because insurance companies are highly unlikely to settle if they know they can’t be held liable in court.

Wondering, “How Long Will My Car Accident Case Take to Settle in New York City?” Call Today to Learn More

At The Law Offices of Jay S. Knispel, LLC, we know you only have one chance to get the full compensation you deserve after a car accident. We also know that it’s common to wonder just how long will my car accident case take to settle in New York City? Call our NYC car accident lawyers today to learn more about establishing an attorney client relationship.

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New York, NY 10123

Law Offices of Jay S. Knispel Personal Injury-New York City Office

 

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