A personal injury accident case in New York typically takes anywhere from 4 months to as much as 5 years! The quickest we ever settled a case is 7 weeks (for the entire insurance policy) but this is not common.
- 1 How Long Did the Longest Lawsuit in the US Take?
- 2 Investigating the Accident
- 3 The Injury
- 4 Settlement before Filing a Lawsuit
- 5 The Lawsuit
- 6 Waiting for a Trial Date after the Case is Finished
- 7 How to Find the Status of Your New York Accident Case
- 8 Timeline of Settling Cases
- 9 How Long Does It Take to Get a Settlement Check?
How Long Did the Longest Lawsuit in the US Take?
The oldest-longest running lawsuit in the country is 53 years old and was finally settled. Well, it’s not quite finished! U.S. District Judge Marvin Aspen approved a settlement allowing the Chicago Housing Authority to finish the 53-year-old case by July 2024.
The lawsuit was a class-action which alleged the Housing Authority discriminated against lower-income, African-American residents by denying them access to better resourced, white communities.
Investigating the Accident
The first thing a lawyer will do is investigate the claim to determine:
- How the accident happened;
- The identity of all the people and companies that may be responsible for causing your injury and;
- The identity of their insurance companies.
Claim letters will be sent to every potential defendant and their insurance companies.
There is a lot of other work that a lawyer will have to do but the first thing that could delay a case is the type of injury.
When someone has a broken bone, a lawyer can immediately request the hospital and medical records and seek a settlement. If a settlement can’t be reached a lawsuit can usually be filed immediately.
Where someone has a neck or back injury, treatment is often provided over a long period of time and can include surgery a year or two later. Lawyers will often wait 6-12 months before trying to settle or file a lawsuit to see what will happen with the medical treatment.
Settlement before Filing a Lawsuit
Once the client has either finished receiving medical treatment or has received a sufficient amount of medical treatment, a personal injury attorney will order all of the medical records from each hospital, doctor, radiology facility, and physical therapy facility.
The medical records will be sent to all defense insurance companies together with a claim letter outlining the liability of the defendants and either demand the entire insurance policy or another amount.
Where the injury is worth more than the insurance policy limit, there is a likelihood that the case can be settled before filing a lawsuit.
If the lawyer attempts to settle a neck or back injury case in the first few months, the insurance company may not offer any settlement or may offer only a few thousand dollars.
We have had clients with neck or back injuries that would have settled for $20,000-$45,000 within the first few months but because we waited, these cases were settled for much more money.
For instance, one case where our client had a previous existing neck injury was settled for $1 million and a nether case was settled for $750,000 where that client had a previous existing lower back injury.
If the personal injury case cannot be settled at this time, a lawsuit will be started. Depending upon numerous factors, lawsuits are usually started within 6-18 months after the accident.
The lawsuit is started by filing a Summons and Complaint against all defendants. It usually takes a couple of weeks for the process server to serve all the defendants.
Once the defendants are served with the Summons and Complaint, the defendant’s insurance company will hire a defense lawyer to represent the defendant.
The defense lawyer will serve an Answer usually within 2 weeks-3 months after the Summons and Complaint is served. The Answer is a legal paper denying almost everything.
The most important thing that we look for in the Answer is that the defendants admit ownership and maintenance of the property or ownership and operation of the vehicle involved in the accident.
After the Answer is filed, the Discovery phase begins. Discovery is the process during which each side is allowed to discover the information known to the other side.
- A lot of papers and information is exchanged between both sides;
- Several court conferences are attended (only by the lawyers);
- Testimony given by both sides at a deposition; and
- A physical exam of the injured plaintiff by the defendant’s doctor is conducted within a couple of months after the deposition.
A deposition is where the attorney for one party asks questions of the other party. The questions and answers are recorded by a court reporter. Read more about how the depositions are conducted and how we prepare you for your deposition.
Most lawyers try to schedule the deposition testimony of both sides on the same day but we have found there really is no advantage to this. The disadvantage is that it usually causes delays of 6-12 months when the defense attorney claims their client isn’t available.
To avoid this delay, we often have our client testify even if the defendant is not ready. This forces the defendant to stop delaying tactics. Once your deposition is completed, the defense doesn’t want to explain to the judge why the defendant didn’t appear at a deposition.
Defense Medical Exam
After the plaintiff has testified at a deposition, the plaintiff will be examined by the defendant’s insurance company doctor.
How Much Legal Work Goes into a Lawsuit?
This is the amount of papers in a case that went to trial – it weighed 60 pounds!
We are now a “paperless” office so every paper is scanned and stored in our computer server and backed up. Before trial, many of the papers are printed to make it easier to prepare for trial. After the trial, they are shredded. We don’t charge for computer storage and backup, copying, shredding, and many other expenses! See our Simple Fee Guarantee™
How Much of My Time Is Needed for My Law Suit?
If you have so much paperwork and many court appearances, do I have to spend much time with my lawsuit? No, other than spending the time to see doctors, you will not have to spend much time being involved with your lawsuit.
If your personal injury case is settled before a lawsuit is started, you will not need any real time to be involved with your lawyers.
If your personal injury case cannot be settled and a lawsuit is started, you will not appear at the many court conferences. Only the lawyers for both plaintiff and defendant appear at the court conferences. The time needed from you will be three hours to prepare you for your deposition, 2-5 hours for your deposition and five minutes for the defense medical exam.
If your case still is not settled by the time it goes to trial, your trial will likely take anywhere from 3-10 days.
Waiting for a Trial Date after the Case is Finished
After your medical exam by the insurance company doctor, there will be one or more court conferences where your attorney will seek a court order allowing your accident case to be certified as being finished.
The court order will allow your case to be put on the court’s trial calendar. It is now approximately 18 months-3 years after your accident.
Under certain circumstances such as if you are 70 years old, you will be entitled to a “special preference” which will put your case at the top of the trial calendar. If you are entitled to a special preference, your case can go to trial within a couple of months.
The purpose of placing your case on the court’s trial calendar is to wait and wait for the court to have a judge, courtroom and jury available for your case.
Unfortunately, you have to wait on line which is similar to waiting at the DMV. At the DMV, you take a number and sit down until you are called.
This Could Be the Trial Assignment Part with Attorneys Waiting to Be Called for Trial!
But waiting online for a trial date is a lot longer than waiting at the DMV!
Once a personal injury case is placed on the court’s trial calendar, it typically takes 18-24 months before the trial is held.
When your case is placed on the court’s trial calendar, the court issues a trial calendar number. The attorneys for both sides will have to come to court many, many times just to say we are ready to try your case. This allows the court to make sure that everyone is alive and the case hasn’t been settled. Each time we come to court, we sit in a large room and wait a couple of hours just like in the video above!
Why Does It Take so Long for the Court to Give You a Trial Date?
Personal injury trials go to the back of the line. Other trials have priority such as commercial litigation and divorce. Trials usually tie up a courtroom and judge for 1-2 weeks, so with all kinds of trials going on it takes a long time. With personal injury trials going to the back of the line, you’ll wait 18-24 months.
How to Find the Status of Your New York Accident Case
If you want to see how your New York personal injury case is progressing through the New York State Supreme Court, you can search for your case for free on elaw.com.
Timeline of Settling Cases
- The fastest we ever settled a case was 7 weeks (for the entire insurance policy).
- Quick settlements usually take 6-12 months.
- Other cases may be settled within 12-24 months.
- After that, cases don’t usually settle until it’s close to the trial date. The time it takes to get to trial is typically 3.5 years to 5 years.
Of course, we will try to move your case as fast as possible. Not only do you need the money but we would also rather get the money sooner than later. That’s why we will push to have your deposition done if the defendant isn’t available. It can save 6-12 months of delaying tactics.
How Long Does It Take to Get a Settlement Check?
Our clients usually receive their settlement check within 2-4 weeks but it can take a little longer. For more detailed information, see our article How long does it take to get my settlement check after settling my accident case?
If you were injured in an accident in New York, we will make your case go as fast as possible.
At HURT911® you can speak with Dream Team Partners Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need, days/nights/weekends.