Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How do lawsuit settlements work in New York City?
In NYC, most personal injury lawsuits settle before trial through negotiations between your attorney and the defendant’s insurance company. Once both sides agree on a dollar amount, you sign a release waiving future claims and receive payment—typically within 30 to 60 days. Settlements can happen at any stage, from pre-litigation through jury selection.
How long does a lawsuit settlement take in New York?
Timeline varies widely by case complexity. Straightforward car accident claims may settle in 6 to 12 months; serious injury cases—especially those involving surgery, permanent disability, or disputed liability—often take 2 to 4 years or longer. New York City courts are among the busiest in the country, which can extend litigation timelines if a case goes to suit.
What damages can I recover in a New York City personal injury settlement?
New York personal injury settlements may include economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). NY follows a pure comparative fault rule under CPLR Article 14-A, so you can still recover even if you were partly at fault—your award is simply reduced by your percentage of fault.
What is the statute of limitations for personal injury lawsuits in New York?
Under CPLR §214, most New York personal injury claims must be filed within 3 years of the date of injury. Exceptions apply—claims against NYC or a municipal agency require a Notice of Claim filed within 90 days of the incident. Missing these deadlines typically bars your right to sue, so consulting an attorney promptly is critical.