If you have suffered a severe injury due to someone else’s negligence, you are within your rights to file a personal injury claim to recover monetary compensation for your economic and non-economic damages. However, you will be burdened with fulfilling the burden of proof. You must prove the other party’s negligence directly caused your injuries. Satisfying the burden of proof can be difficult, which makes many people wonder whether they should even pursue legal action in the first place. Many fear they will waste their time pursuing a personal injury claim as the legal process usually takes a long time to resolve. That said, every case is different, meaning the length of litigation will depend on the specific circumstances of your cases. However, it is crucial to be patient as you may be entitled to significant compensation. Keep reading to learn how long your personal injury case may take to settle in New York and discover how a skilled New York City Personal Injury Lawyer can help you navigate your legal options.
How long will it take to settle my personal injury claim in New York?
Unfortunately, several factors can affect the length of litigation that may speed up or slow down the process. Typically, timing depends on the complexity of the case, the amount of damages, the severity of your injuries, your willingness to settle, and other pertinent factors. To speed up the process, it is beneficial to retain the legal services of an experienced lawyer as soon as possible, as they can help you gather evidence to satisfy the burden of proof. In New York, you generally have three years from the date of an accident to file a claim. However, you should file your claim sooner rather than later, as personal injury cases are usually resolved anywhere between one to three years.
After acquiring quality legal counsel, they will help you file a complaint with the proper court and serve a copy of the complaint and summons. Before the trial commences, the discovery process will occur where both parties exchange information. This includes relevant police reports, medical records, deposition, witness statements, and any other information that is relevant to the case. From here, your lawyer will file court motions requesting the court to rule on some issues. The process will move on to negotiation, an attempt to settle the case. In many cases, a settlement is reached before trial. However, that is not always the case.
Your case will go to trial if a settlement cannot be reached. A trial is typically a couple of days and involves jury selection, opening statements, witness testimony, cross-examinations, closing arguments, jury deliberation, and the final verdict. After the ruling, you have the right to appeal the court’s decision if you feel as though there was a significant injustice that prevented you from a fair trial. If your appeal is granted, a new trial or settlement may occur. If your case succeeds, you can collect compensation for your damages, or they will be broken into payments.
Ultimately, the litigation length will depend on your case’s specific circumstances. If you have suffered an injury due to negligence, contact a competent lawyer at James Newman, P.C. today. Our firm is prepared to help you seek reasonable compensation for your devastating losses.