Understanding the Legal Timeline for Car Accident Lawsuits in New York
If you’ve been in a car, truck, or motorcycle accident in New York, one of your first questions might be: How long will my lawsuit take? It’s a fair and important question—and the honest answer is: it depends.
Here’s a simplified explanation of how the process usually unfolds, what factors can affect the timeline, and what you can expect when filing a personal injury lawsuit in New York.
Step 1: Settlement vs. Lawsuit
Before jumping into a lawsuit, your attorney will first assess whether your case can be resolved through a settlement with the insurance company. If that’s not possible—or the offer is unfair—then the next step is to file a lawsuit in court.
Step 2: Filing the Lawsuit
Once your lawsuit is filed, the defendant (usually the at-fault driver or their insurance company) is notified. Their insurance provider typically assigns them a lawyer, who will then file a formal Answer to your Complaint. This kicks off the discovery phase, where both sides exchange evidence and information.
Step 3: Discovery Phase (Fact-Finding)
During discovery, both sides gather and share information, such as:
- Medical records
- Accident reports
- Witness statements
- Investigation results
This phase allows each side to better understand the strength of the other’s case.
Step 4: Depositions
After the initial exchange of information, attorneys will conduct depositions, where they interview witnesses under oath. This often includes:
- The injured party (plaintiff)
- The defendant
- Any eyewitnesses or expert witnesses
Depositions typically happen about six months after the lawsuit is filed, though that can vary depending on scheduling and complexity.
Step 5: Settlement Talks and Mediation
Once depositions are complete, there’s often a renewed effort to settle the case. This can happen in two main ways:
- Informal Negotiation – Your lawyer speaks directly with the other side’s attorney to reach an agreement.
- Mediation – A neutral third party (mediator) helps both sides try to find common ground.
Many cases settle at this point without needing to go to trial.
Step 6: Motion for Summary Judgment or Trial
If no agreement is reached, the defendant may file a motion for summary judgment, asking the court to dismiss the case. If that motion is denied, or not filed, the case is scheduled for trial.
In New York, trials are often scheduled roughly one year after the complaint is filed, though delays are common due to court congestion or legal maneuvering.
How Long Does It Really Take?
The full timeline for a car accident lawsuit in New York can range from 6 to 18 months, sometimes longer depending on factors such as:
- The complexity of the injuries
- Number of parties involved
- Insurance company cooperation
- Court backlog
- Settlement negotiations
While that may sound like a long time, a skilled personal injury attorney will work to move your case forward as efficiently as possible, while still protecting your rights and building a strong case.
Why It’s Important to Work with the Right Lawyer
Insurance companies are known to drag cases out in hopes that injured victims will settle for less. That’s why it’s critical to have a New York-based personal injury attorney who understands the local courts, legal process, and delay tactics used by insurers.
An experienced legal team will:
- Push the case forward strategically
- Respond to delays and stall tactics
- Keep you informed at every stage
- Fight for the compensation you deserve
Final Thoughts
At the end of the day, the most important goal isn’t just to resolve the case quickly—but to resolve it in a way that’s in your best interest. Whether that takes a few months or a few years, a dedicated attorney will fight to get you the results you deserve.
If you’ve been injured in a car, truck, or motorcycle accident in New York and have questions about the legal process, contact us today for a free consultation. We’re always happy to help guide you through what comes next.