When you’ve been injured in a car accident, it’s only natural to want your personal injury case to be settled as quickly as possible. But as weeks and months pass by without any clear resolution, many victims often express their frustrations and wonder why their personal injury case is taking so long to settle. The truth is, a personal injury case has many moving parts, and it takes time for all of them to come together. While delays are indeed frustrating, it is far better than the alternative of rushing and accepting less than what you deserve.
The team at Alex Yadgarov & Associates has represented many as their accident lawyer in New York and understands your frustrations. In this post, we’ll take a look at the factors that influence the timeline of your personal injury case and what you can do to help speed up the process and maximize recovery.
When Can You File a Personal Injury Case in New York?
In New York, you are only allowed to file a personal injury lawsuit when certain conditions are satisfied.
You must show that the basic economic loss you’ve suffered exceeds $50,000 or that you have suffered a ‘serious injury.’ What counts as a serious injury is defined in Section 5102 (d) of New York State Insurance Law.
Also keep in mind that the statute of limitations requires that the case be filed within three (03) years from the date of the accident. If you fail to file your action on time, you will lose the right to claim compensation, regardless of the merit of your case.
Why Do Personal Injury Cases Sometimes Take Long to Settle?
A strong personal injury case does not materialize overnight. A personal injury case presented at court is the sum total of many moving parts. Because a lot of things need to fall into place, cases do take time. Here are some of the most common reasons personal injury cases sometimes take long to settle.
Medical Recovery and Evaluation
Attorneys usually wait until the victim reaches Maximum Medical Improvement (MMI) before they begin proceedings. When a person reaches MMI, the condition has stabilized, and no further improvements are expected. This is essential for accurately calculating the true extent of the damage suffered.
Investigations and Fact-Finding
When the opposing party denies or disputes liability, your attorney must conduct an in-depth investigation to build a strong and compelling case that protects your interests. The discovery process is arguably the part that takes the longest. In the process both sides exchange and review documents and conduct depositions, which can take up to several months.
Complex cases will require the involvement of expert witnesses, extensive documentation, and detailed financial analysis. Since a lot is at stake, both sides can take extra time to review their claims.
Insurance companies’ tactics
Keep in mind that insurance companies are in no rush to pay out your claim. In fact, they routinely engage in tactics that intentionally delay the resolution process. They hope that the constant delays will weaken your resolve and make you accept a lower offer just to end things quickly.
Court backlogs
Getting a date for a trial is its own challenge. Case dockets are often full and severely backlogged. Plus, you also need to find a time where both sides agree to, which can add a few months to the whole process.
When Should You Be Concerned?
If you’re considering filing a lawsuit, you must accept the reality that it will take time. But not every delay is a cause for concern. However, you should check in with your car accident lawyer in NYC when:
- You have not received an update in a long time.
- Your questions have gone unanswered.
- You are unsure about the status of the case.
Is a Fast Settlement Always Better?
It’s natural to want a fast settlement to your insurance and legal disputes. However, keep in mind that a quick settlement isn’t always in your best interest. If you sacrifice quality for speed, it can leave you with a settlement that is far less than what you deserve. Therefore, we recommend that you let your attorney take the time they need. The time you give them can make a meaningful difference.
Conclusion
While it can be frustrating when a personal injury case takes longer than expected to settle. But sometimes, a slight delay may be necessary to build a strong and compelling case that protects your rights and gets you the compensation you deserve. If you want to file a personal injury lawsuit, Alex Yadgarov & Associates is here to help. We will be your sword and shield throughout the process and work to secure the compensation you deserve. Contact us today and schedule your free consultation.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
