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How Long Does a Personal Injury Lawsuit Take?

How Long Does a Personal Injury Lawsuit Take?

How Long Does a Personal Injury Case Take?

The legal team of experienced personal injury attorneys at Banville Law understands that personal injury cases can be complex and confusing. They often involve multiple parties and legal issues.

It takes time to resolve these types of cases. But how much time does it really take? How long should I expect my personal injury case to last? In general, most personal injury claims settle within 6 months. However, there are exceptions. For example, if the defendant has insurance coverage, the claim may be settled quickly. If the plaintiff has no insurance, the claim may drag out longer than six months. Sometimes, a personal injury case can take longer than six months. This usually occurs when the defendant has no insurance coverage. In this situation, the plaintiff must collect money from the defendant's insurer. The plaintiff then turns around and sues the defendant for the amount collected.

What Can You Recover from a Personal Injury Case?

How much you can recover will vary by the type of injury case and the extent of the injury itself. There are many types of personal injuries, such as:

  • Automobile accidents
  • Dog bites
  • Slip and falls
  • Wrongful death
  • Product liability

However, some things you can recover from a personal injury case might include:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Property damage
  • Other expenses

What Is the Statute of Limitations for Personal Injury in New York?

Statutes of limitation are designed to protect defendants from stale claims. They are intended to prevent plaintiffs from bringing a lawsuit too late. In New York State, there is a statute of limitations for personal injury claims that restricts claims to be made within three years, according to NOLO. This means that you cannot file a lawsuit against an individual or entity unless you do so within three years after the incident occurred. However, there may be exceptions to this rule.

There are two types of statutes of limitations for personal injury lawsuits: one for general negligence and another for intentional torts.

General Negligence

A person has three years from the date of the accident to sue for damages caused by the negligence of another person. If the plaintiff files his or her claim within three years of the date of the accident, then the case may proceed.

Intentional Torts

A person has three years from the date of the incident to sue for damages caused intentionally by another person. If the person files his or her claim more than three years after the date of the incident, then the case cannot proceed.

What Is the Personal Injury Claim Process?

Personal injury claims are filed against insurance companies after an accident occurs. These types of cases involve injuries caused by negligence, such as car accidents, slip and falls, dog bites, and medical malpractice.

In order to file a personal injury claim, you must first determine whether you have a valid case. This means that you must prove that the defendant was negligent and that his or her actions were the cause of your injuries. Once you have established liability, you then need to decide what type of damages you are seeking. Damages may include lost wages, medical bills, pain and suffering, and emotional distress.

After filing a personal injury claim, the next step is to negotiate a settlement with the insurance company. Negotiation is often difficult because the insurance company has much more money than you do. However, you should not give up until you reach a fair settlement.

Going to Trial vs Settlements

Personal injury cases can involve a trial. However, there are times when a personal injury case settles out of court. According to The Law Dictionary, less than 5% of personal cases will actually go to trial. A settlement agreement is an alternative to going to trial. If you settle a personal injury case, you may still have to pay medical bills, lost wages, pain and suffering, and other damages.

Sometimes, insurance companies offer to settle a personal injury claim without going to trial. This is called a “lowball offer.” Lowball offers are typically made after the injured person has filed a lawsuit against the responsible party. Lowball offers are designed to encourage the injured person to accept a low sum of money instead of waiting for a jury verdict. When you receive a lowball offer, you should consider whether accepting it would be fair. It is important to understand what you are giving up by settling a personal injury claim.

This is why it is important to consult with an experienced personal injury attorney about your case. A lawyer can explain the risks associated with settling a personal injury claim and advise you about whether it is worth pursuing.

A Personal Injury Attorney Can Help

Hiring an experienced personal injury attorney from Banville Law can give you peace of mind knowing that you have a team working behind the scenes to protect your rights and help you achieve justice. Call our law firm today for a free consultation.

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Laurence P. Banville
Date Published: April 25, 2022
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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