The short answer to the question, “How long does a personal injury case take?” is between a few months and two years. Sometimes, a client's financial situation dictates how long a personal injury case takes. Medical malpractice cases are often complicated and often involve several providers and medical personnel who could be responsible for your injuries. Therefore, medical malpractice cases usually take two to three years, while more complex cases can take even longer.
Medical malpractice cases that include complex or novel medical or legal issues can take longer to understand and come to a decision. In the event of a successful appeal, the court may allow a new trial or settlement in your personal injury case in New York City. Insurance companies, in their attempt to resolve the case quickly, often offer low settlements, limiting the amount you could actually receive if you were represented by an experienced and competent personal injury lawyer. Claims for injuries that do not cause significant disability are resolved faster than claims that involve more serious injuries.
Negotiations to reach a settlement can sometimes drag on, and it's quite common for a personal injury case to be resolved just before the trial begins. The discovery process generally begins immediately after the complaint is filed and usually continues until approximately 30 days before the start of the personal injury trial. In addition, some birth injuries harm both the baby and the mother, requiring additional evaluation to understand the nature of both people's injuries. You may be thinking about filing a personal injury lawsuit after being injured in a car accident, slip and fall, or other incident caused by someone else's carelessness.
If you're thinking about filing a personal injury lawsuit, your best first step might be to sit down and discuss your situation with an experienced lawyer. Usually, a personal injury claim involving a minor injury, such as a wrist sprain, will have a faster resolution than a case involving traumatic brain injury or death. While the circumstances surrounding every personal injury case in New York may be different, making it impossible to predict the time needed for its resolution, it usually takes between one and three years to negotiate a settlement or obtain a verdict in personal injury litigation. Some personal injury lawsuits, such as a slip and fall or rear-end collision, are relatively straightforward.
While most personal injury cases are resolved and lawsuits are rare, insurance companies are clearly more inclined to make a reasonable settlement offer if you show them that you are serious and follow through with a lawsuit.