Suffering an injury in an accident is devastating for any New Yorker. After filing a claim, you will want to know how long your case might take.
The no-fault car insurance system
New York is a no-fault state when it comes to car accidents. As a result, regardless of who was at fault, you can file a claim against your own insurance company for any damages you suffered. This includes your medical bills, lost wages, property damage and more.
Your personal injury case could take at least six months to one year before a settlement is reached. Often, the insurance company will make an initial offer that’s lower than the actual value of your claim. This is a typical tactic that you should be wary of and not accept. The best way to get a satisfactory settlement is to fight back until you have completed your medical treatment. This will show that you deserve more and that your case is worth more.
Filing a lawsuit against the at-fault driver
In spite of the no-fault laws, you might be able to file a personal injury lawsuit directly against the other driver. However, this can only be done if your case meets certain criteria. If you are able to go this route, the case will take longer. Even if you have ample evidence backing up your claim, it’s possible to not receive a settlement offer. Often, this type of case ends up going through the court system, which includes a variety of steps.
You must file your lawsuit in accordance with the statute of limitations. That amount of time is three years from the date of the accident or when you became aware of your injury.
On average, a personal injury lawsuit can take around three to four years. Sometimes, it can take even longer depending on the complexities of the case.
Exactly how long your case takes depends on the specific factors involved.