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While specific circumstances surround each case, it generally takes no longer than six months to settle personal injury litigation. This is the average time frame because both the plaintiff and the defendant often try to negotiate a settlement as quickly as possible before the trial. Moreover, this process will be expedited in some cases if the plaintiff seeks voluntary mediation with all defendants.

Personal Injury Claim Process

The steps taken to settle personal injury cases in New York can be divided into discovery, mediation, and litigation. After the plaintiff files an initial lawsuit with the court, the defendant has up to 30 days wherein he can respond to its claims and ask for more time to respond. If the insurance company or defendant has not filed a response within 30 days after the complaint, a mandatory notice of default may be given.

If the plaintiff and defendant cannot settle, it will result in either party filing for trial. The court will then set a hearing wherein both parties are expected to appear for trial. Until this time, both sides can settle their dispute out of court by engaging in voluntary mediation.

Both sides can still negotiate and try to reach an amicable settlement during the mediation process. If a lawsuit is filed, the mediation period will not be counted into the statute of limitations. If no agreement or resolution can be reached during mediation, the parties will proceed with their respective claims in court.

Factors Affecting the Settlement Timeline

1. Nature and Extent of Injuries

The nature and extent of injuries determine how much time it will take to settle a personal injury case. If the plaintiff suffered a minor injury, then their case won’t take long to settle because, most times, discretion is given to both plaintiff and defendant to resolve their dispute mutually. On the other hand, if the plaintiff sustained severe injuries or death, the defendant will have no choice but to defend their claim since the court is unlikely to allow such an individual to go unpunished.

2. Circumstances of the Case

If both parties involved in the case are willing to negotiate and settle their dispute, it will not take that long. On the other hand, if either party refuses to settle, the entire process can take a while.

3. Amount of Compensation

The amount of compensation will also affect how long it takes to settle a personal injury claim in New York. While it may take two years for a case to be settled on its own, if a plaintiff seeks to settle a claim for millions of dollars, the process can take even longer.

4. Court Caseload

The court’s caseload will also determine how long it takes to settle a personal injury case. The process may take longer if the court’s docket is full. The court may have to assign the case to a new judge in this instance. The plaintiff and defendant involved in a case may also have to wait several months before appearing in court.

5. Procedural and Procedural Issues

Similarly, certain procedural issues can also slow down the settlement process. For instance, the plaintiff needs to file an amended complaint or counterclaim if they are not satisfied with the amount of compensation awarded to them after a trial. This, in essence, means a longer waiting period for the completion of the process.

Conclusion

Personal injury cases are generally divided into three stages: discovery, mediation, and trial. While specific circumstances surround each case, it typically takes no longer than six months to settle personal injury litigation. This is the average time frame because both the plaintiff and the defendant often try to negotiate a settlement as quickly as possible before the trial. Moreover, this process will be expedited in some cases if the plaintiff seeks voluntary mediation with all defendants.