“How long will this take?” is one of the first questions people ask after an injury, and the honest answer is that it varies a great deal. Some matters resolve in months. Others take years. This article describes the stages of a New York personal injury case and the things that tend to affect timing. It is general information, not advice about a particular case, and it is not a prediction. People who want to speak with Bisogno & Meyerson, LLP about an injury can begin with the firm’s personal injury law page.
The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from the Brooklyn office.
Start With the Deadline, Not the Finish Line
Before talking about how long a case lasts, it helps to know the outer limit for starting one. Most personal injury lawsuits in New York must be commenced within three years of the injury under CPLR 214. Some situations have different periods. Claims against a city agency or public authority usually require a notice of claim within 90 days, and medical malpractice and wrongful death claims have their own rules. A no-fault claim after a car accident has a 30-day notice requirement. See the firm’s page on filing a personal injury claim in New York for an overview.
The Typical Stages
Medical treatment and investigation
The early period is about treatment and gathering information. A lawyer may collect medical records, photographs, incident reports, and insurance details. Many attorneys prefer to wait until an injured person’s condition is better understood before evaluating a claim, because the full effect of an injury is not always clear at the start. That alone can take months.
Filing the case and discovery
If a lawsuit is filed, the defendant answers, and the parties exchange information. Discovery in New York commonly includes written demands, document exchange, depositions where parties and witnesses answer questions under oath, and medical examinations arranged by the defense. Scheduling these steps can take a long time, particularly when several parties are involved.
Note of issue and trial scheduling
When discovery is largely done, a party files a note of issue, and the case is placed on a trial calendar. Court calendars in busy counties, including those in New York City, can add substantial waiting time. Many cases settle before a trial begins. Others are tried, and a verdict can be followed by post-trial motions and appeals.
What Affects Timing
Several features can lengthen or shorten a case. They are not predictors, and every case is different.
Injury severity and recovery. A claim is usually easier to evaluate once treatment has stabilized. Serious or evolving injuries often take longer.
Number of parties. Cases with multiple defendants and insurers often have more disputes and more discovery.
Disputed fault. Where responsibility is contested, or where comparative negligence is raised, more evidence may be needed. See our blog on what comparative negligence means in New York.
Insurance issues. Coverage questions, no-fault benefits, or disputes between insurers add steps. See no-fault insurance in New York.
Public defendants. Notice-of-claim procedures and hearings can add time.
Court calendars. Backlogs and adjournments are outside any party’s control.
Settlement Versus Trial
A settlement can happen at almost any stage: before suit, during discovery, at mediation, or on the eve of trial. Settlement is a choice made by the injured person after receiving advice, and a lawyer should explain the risks of settling and of not settling. A settlement does not mean the claim was weak, and no result is assured. Cases involving children, or a person lacking capacity, may require court approval of a settlement, which can add time.
After a Resolution
Payment does not always follow immediately. Releases must be signed, liens may need to be addressed, and some payors, such as health plans or government programs, may claim reimbursement. Those items are part of the process, and an attorney can explain which apply to a particular matter.
How You Can Help Keep a Case Moving
Follow medical advice and keep appointments. Keep copies of letters, bills, and records. Tell your lawyer about new symptoms, new providers, or changes in contact information. Respond promptly to requests for information. Do not post about the case online. These steps do not control the court calendar, but they avoid avoidable delays. The post on whether you need a lawyer after a car accident covers a related early question.
Talk With Our Firm
Bisogno & Meyerson, LLP has concentrated in personal injury and workers’ compensation work since 1994. A free consultation is a conversation about facts, deadlines, and options. It is not a prediction of how long a case will take or how it will end, and every case is different, so speak with an attorney about your own situation. A short firm overview describes the practice.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.