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If you’ve ever driven in New York, you know the deal—bumper-to-bumper gridlock in Manhattan, potholes that could swallow a small car in Brooklyn, and drivers on the LIE who treat the speed limit like a suggestion. So, when an accident happens (and let’s be real, it happens a lot), you’re left with a million questions—one of the biggest questions being: How long is this lawsuit going to take?
The short answer? It’s complicated.
Some cases wrap up fairly quickly, while others feel like they’re stuck in rush hour traffic with no exit in sight. If you’re expecting a fast payout, you might want to reset your expectations because a lot of factors can impact the timeline, from how clear-cut the case is to whether the insurance company wants to play games (and they always do). Keep reading to discover how our New York car accident attorneys break it all down so you know what you’re up against after an accident.
Step 1: The Aftermath – Filing a Claim (Weeks to Months)
First things first—before you even get to a lawsuit, you’re dealing with insurance. New York is a no-fault state, meaning your own insurance covers medical bills and lost wages up to your policy’s limits, regardless of who caused the crash. If your injuries are severe—think broken bones, significant scarring, or anything that disrupts your life for the long haul—you can file a personal injury lawsuit against the at-fault driver. This is where the real timeline starts ticking.
Step 2: Investigation & Gathering Evidence (Several Months)
Lawsuits aren’t just about telling your side of the story. You need proof. This means gathering medical records, accident reports, surveillance footage, and witness statements. Lawyers might bring in accident reconstruction experts, doctors, or even economists to prove damages. If there’s a dispute over fault, expect this phase to take longer while both sides dig for evidence.
Step 3: Filing the Lawsuit & Discovery (6 Months to Over a Year)
Once the lawsuit is officially filed, both sides enter discovery—a fancy legal term for fact-finding. This is where attorneys exchange evidence, take depositions, and file motions. It’s also when insurance companies might start dragging their feet, hoping you’ll settle for less. If your case is cut and dry, this phase could be short. But if there are disputes over liability or the severity of injuries, expect it to stretch past a year.
Step 4: Settlement Negotiations (Anytime, But Usually After Discovery)
Most cases don’t go to trial. Instead, the attorneys for both sides negotiate until a settlement is reached. But here’s the catch: Insurance companies aren’t in a hurry to hand over big checks. They might lowball you early, stall, or only get serious once they see you’re willing to take it to court. If a fair settlement is reached, the process ends here. If not? Buckle up, because we’re heading to trial.
Step 5: Trial & Verdict (1-2+ Years If It Gets This Far)
If your case goes to trial, be prepared for delays. Court schedules are packed, judges are busy, and opposing attorneys will do everything they can to slow things down. Trials can last anywhere from a few days to several weeks, but getting a trial date in the first place can take over a year. And even after a verdict, the other side might appeal, dragging things out even longer.
What Slows a Lawsuit Down?
Several factors can stretch out the timeline, including:
- Severe injuries
- Disputes over fault
- Insurance companies playing hardball
- Backlogged court schedules
The bottom line: It’s a waiting game, but it’s worth it.
Car accident lawsuits in New York aren’t one-size-fits-all. Some cases move quickly—especially if the injuries are minor and liability is obvious. But if you’ve got serious injuries and an insurance company that’s dragging its feet, you might be in for a longer ride. The key is patience and persistence. The longer it takes, the more likely it is that your attorney is fighting to get you the full compensation you deserve—not just a quick, lowball offer.
At Nagel Rice, LLP, we don’t just shuffle paperwork and hope for the best—we go head-to-head with insurance companies to make sure our clients get what they’re owed. Whether you’re hoping for a fair settlement or preparing for a courtroom battle, we’re ready to fight for you every step of the way.
Thinking About Filing a Claim? Let’s Talk.
A car accident can turn your life upside down, and dealing with the legal side of things might feel overwhelming. But you don’t have to navigate this alone. Having a knowledgeable New York attorney in your corner can take a lot of the stress off your plate and improve your odds of a faster, better outcome. If you’re unsure about your next move, Nagel Rice, LLP is here to listen, strategize, and help you move forward. Get in touch for a free consultation, and let’s talk about what comes next.