Timeline of a New York City Personal Injury Case According to a Personal Injury Lawyer
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When another party injures you, you could be entitled to recover compensation for your related losses. Our Manhattan personal injury lawyers understand that you want to settle your personal injury claim as soon as possible. You may need money to pay medical bills and make up for lost wages.
But keep in mind, Insurance companies may delay insurance claims when an injured party does not have an attorney. The company may hope to wait out the statute of limitations for filing a personal injury lawsuit or force you into a low settlement offer.
Whether you have been injured in a car accident, medical malpractice, or some other incident, you deserve fair compensation from the at-fault party.
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Each personal injury case is unique. Some cases may settle within a few months after the accident date. However, if you need to file a lawsuit, it could take more than a year for your case to go to trial.
Various factors impact the timeline of a New York City personal injury case. Some of those factors include, but are not limited to:
Generally, the more severe your injuries, the longer it takes to settle your injury claim. Before your lawyer can negotiate a settlement with the other party, you need to complete medical treatment so they can have complete medical records of your injuries.
Until your doctor releases you from treatment, it is impossible to know the full extent of your injuries and damages. If you sustained a permanent impairment, you could be entitled to future damages for medical care, nursing care, lost income, and reduced quality of life. However, your lawyer must have evidence of the permanent disability to claim these damages.
If the other party disputes fault, it could take longer to settle your injury claim. Your lawyer must gather evidence proving that the other party breached the duty of care and caused your injury.
Also, if the other party alleges you are partly to blame for causing your injury, your lawyer must fight allegations of comparative fault. Under New York’s contributory negligence statute, your compensation could be reduced if a jury finds that you contributed to the cause of your injury.
The parties involved in your case can impact the timeline for settlement. The involvement of multiple defendants can delay a case because liability may be an issue. For example, each party may blame the other party for causing your injury.
Therefore, your lawyer needs time to gather evidence proving which parties are liable for causing your injury. In addition, your lawyer may need to retain an accident reconstructionist and other expert witnesses to assist in determining causation, fault, and liability among multiple parties.
Some personal injury cases are more complex and take longer to settle because of the cause of your injury, the legal requirements to prove fault, and the difficulty obtaining evidence to prove your case.
Generally, cases involving the following issues or laws take longer to settle than a simple car accident case:
Your lawyer will closely monitor all aspects of the case and the parties involved to keep the case moving as quickly as possible.
Some insurance companies are more difficult to deal with than other insurance companies. Some companies use bad faith insurance practices to avoid paying valid injury claims or undervalue damages. Your lawyer will monitor the progress of the insurance claim to identify bad faith insurance practices and take action to hold the company accountable for its wrongdoing.
Most personal injury claims settle out of court through negotiations or mediation. However, some cases go to court.
If your lawyer needs to file a personal injury lawsuit, it could take more than a year for the case to go to trial. The timeline of a personal injury lawsuit depends on the court’s schedule, the issues involved in the case, and other factors.
Your lawyer should work to move the case along as quickly as possible when they can control the factors involved in the delay. Unfortunately, some factors won’t be within their control, such as the court’s schedule and the length of time it takes to complete discovery.
Even though personal injury cases are unique, similar steps apply in most personal injury cases. Each of these steps impacts the timeline for the settlement of a personal injury claim.
Steps in a personal injury case include, but are not limited to:
Each of the above steps may not apply in your case. In many personal injury cases, the main factors that impact the timeline for a personal injury claim are disputes related to liability and the duration of medical treatment. Regardless, our legal team works tirelessly to resolve your personal injury case timely and in your best interests.
We understand the urgency of your case. Our legal team works diligently to settle your personal injury case as quickly as possible for the maximum compensation available.
Contact our office to schedule a free consultation with one of our experienced personal injury attorneys in New York City. We accept accident cases on a contingency fee basis. It does not cost you anything to get legal advice regarding your personal injury claim.
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