How long can a car accident lawsuit in New York take?

The length of a car accident lawsuit in New York can vary from several months to several years depending on many factors.

These include:

• The complexity of the case including the number of vehicles involved
• The extent of injury and the period of recovery
• The county in which the lawsuit was commenced
• The need to engage in pre-trial discovery proceedings including depositions

Before a car accident lawsuit is started, your attorney must

Investigate the facts surrounding the accident including

• Obtaining the accident police report
• Interview witnesses
• Reviewing photographs of the accident scene and the vehicles involved

Before and during your lawsuit, your attorney must understand your injuries, treatment, and disability. This includes:

• Obtain and review your hospital and medical records
• Obtain and review any therapy or rehabilitation records
• Speak with your physicians
• Determine the time you could not work
• Determine the extent of your disability

Suing:

A lawsuit in New York is begun by filing a complaint against the at fault party in court.  This document sets forth the negligence of the other party and your injuries.  It is then served upon the person you are suiting

The other party then has a period to respond.

Read more: Can I sue for a car accident in New York?

Pre-Trial Discovery:

After the lawsuit is begun, the court sets a timetable for the exchange of information between your lawyer and the other side.  This includes:

• The exchange of medical information
• Asking questions under oath of the other side, known as a deposition.

This phase is often the longest phase of a lawsuit.

Settlement Discussions:

Many cases are resolved during or after discovery through settlement negotiations or mediation. Courts often encourage settlement to avoid trial.

Trial:

If no settlement can be reached in your case, the case goes to trial

Because of pending cases awaiting trial, a trial date may take considerable time varying from several months to several years depending on the County where your case is pending.

A trial may take days or weeks to complete involving the calling and questioning of many witnesses to establish fault and the extent of your physical injuries, mental suffering, disability, and loss of earnings.

Consulting with a personal injury attorney can help you understand your rights and navigate the legal process.

With nearly 5 decades of experience in personal injury law and car accident law, the attorneys at De Caro & Kaplen, LLP have made it one of New York’s leading personal injury law firms earning a reputation for excellence.  

With demonstrated success both in and out of the courtroom, our attorneys have the passion and persistence to take on any car accident case in New York—and win.

Contact us today for a free consultation.