One of the most common questions personal injury lawyers get asked is, “how long will it take to settle my claim?” While every case is unique, it is impossible to determine the length of time a claim will take to settle — some personal injury matters may be resolved in a few months and others can take years. The timeline of a claim will depend upon a number of factors, including the complexity of the claim, the willingness of the parties to negotiate, the court’s calendar, and other variables.
Specifically, the following factors will play a role in how long it will take to settle your personal injury claim:
1. The Complexity of Your Case
The complexity of your case can have a significant impact on how long it will take to settle your claim. For instance, cases involving severe injuries, extensive medical treatment, or complicated liability issues will take longer to resolve than straightforward claims. In addition, when multiple defendants are named in a case, more than one party is deemed liable for the accident-related injuries. Negotiating with multiple insurance carriers, dealing with shared liabilities, and establishing varied degrees of fault can typically make a case more complex — and result in it taking longer to resolve.
2. How Long it Takes to Conduct the Investigation and Gather Evidence
Conducting a thorough investigation and gathering evidence are crucial to establishing liability and proving your damages. This can also be one of the most time-consuming parts of a case depending upon the amount of evidence to be collected. For instance, witnesses may need to be contacted, an accident-reconstruction report may need to be created, and video footage may need to be obtained. Critically, the discovery process may also take longer if the parties cannot cooperate.
3. Negotiations Between the Parties
Settlement negotiations between the parties can prolong a case. If the parties are willing to work together to reach a resolution, a claim will be resolved much more quickly. However, if there are disagreements over liability and the amount of damages — or the insurance company simply won’t budge, negotiations can last for a few weeks or even months.
4. The Insurance Company’s Tactics
It’s not uncommon for insurance companies to delay claims. They may be seeking additional information or waiting to receive evidence. The insurance company may also delay your claim if a party is disputing liability. However, while there are many valid reasons a claim can be delayed by an adjuster, there may also be invalid reasons. Sometimes, an insurance company will use unscrupulous tactics and delay a claim in bad faith in an attempt to avoid paying out — or to pressure you into settling for a far lower amount than your claim is worth.
5. Your Personal Injury Lawyer’s Experience
The quality and experience of your legal counsel can affect how long it will take to settle your personal injury claim. A good lawyer who focuses on personal injury matters will know how to effectively handle the necessary paperwork, negotiate on your behalf, and move your case through the legal process as expeditiously as possible. It’s best to have a lawyer by your side from the beginning of the case to avoid making mistakes that can cost you time and compensation.
6. Whether Your Case Goes to Trial
Whether your personal injury case goes to trial will impact how long it will take to resolve. Cases that settle out of court are typically resolved more quickly than those that go through the litigation process and proceed to trial. The litigation process can be lengthy and time-consuming, requiring preparation, hearings, and filing motions filed in court. You will also need to rely on the court’s calendar and wait for hearings — and the trial — to be scheduled.
Contact an Experienced New York Personal Injury Attorney
If you were hurt in an accident caused by someone else’s negligence, it’s crucial to have a skillful personal injury lawyer by your side who knows how to secure the compensation you deserve — and can resolve your claim in an efficient manner. Due to our knowledge and experience, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and jury verdicts for our clients. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.