What to Do If You Suspect Nursing Home Abuse in New York: 3 Crucial Steps to Protect Your Loved One

How Long Does a Car Accident Lawsuit Take in New York?

If you’ve been fired after taking medical leave—or returned to work only to find your job duties have changed or disappeared—you’re not alone. Many employees in New York face these exact situations, and it can be incredibly stressful, especially if you took time off for health reasons, pregnancy, or recovery from a medical condition.

We regularly help New York workers who take protected medical leave, such as under the Family and Medical Leave Act (FMLA) or New York Paid Family Leave (PFL). Unfortunately, when these workers return, they sometimes find that:

• Their position has been eliminated
• Their job duties have been reassigned
• They’re being treated unfairly or harassed
• They’ve been terminated shortly after returning

So, what should you do if this happens to you?

1. Don’t Quit Without Taking These Steps First

Your first instinct might be to quit if you’re being mistreated or feel unwanted after returning from leave. But in New York, quitting can make it harder to prove your case—unless the harassment or retaliation is so severe that you truly have no other option.

New York has a high legal threshold for what’s called constructive discharge—meaning you were forced to quit because working conditions were intolerable. Unless you meet that threshold, voluntarily resigning could weaken any future legal claim.

2. Make an Internal Complaint First

Before quitting, try to protect your rights by filing a formal complaint:

• Follow your employee handbook to identify the right person or department (usually HR or a supervisor).
• Put your complaint in writing and be clear: You were on a protected medical leave, and now you believe you are being retaliated against because of that leave.

This complaint can serve as important documentation if you’re later terminated or need to pursue legal action.

3. If You’ve Already Been Fired, You Still Have Options

If you’ve already lost your job after returning from medical leave, you might feel like there’s no one left to complain to. But you still have legal options:

• You may be able to file a legal claim for wrongful termination or retaliation.
• You can also file a complaint with a government agency such as the New York State Division of Human Rights or the U.S. Equal Employment Opportunity Commission (EEOC).

These agencies can investigate your claim and determine whether your rights were violated.

4. Timing Matters

In many cases, timing is everything. If your termination or job changes happen very soon after you return from leave, that can strengthen the argument that your employer acted in retaliation—even if they claim there was a “legitimate” reason.

Attorneys will look at the timing, documentation, and any complaints you’ve made to determine whether your employer’s actions were legal.

5. Consult an Employment Attorney

Employment law can be complicated—especially in New York where state and federal laws may both apply. Speaking to a New York employment attorney can help you understand:

• Whether your medical leave was legally protected
• If your employer violated state or federal leave laws
• What evidence you need to support your case
• What your next steps should be

Need Help? We’re Here for You.

If you’ve been fired after taking a medical leave or are being treated unfairly after returning to work, don’t wait. Reach out to us for a consultation. We’ll help you understand your rights and fight to protect them.

How Long Does a Car Accident Lawsuit Take in New York?

If you’ve recently been in a car accident in New York, you’re likely wondering what steps to take next — and how long it could take to get compensation for your injuries and losses. The answer depends on several key factors, including the severity of your injuries, the insurance coverage involved, and whether a lawsuit is necessary.

Let’s break down what the legal process looks like in New York, how long it might take, and whether you even need to file a lawsuit at all.

What Should You Do After a Car Accident in New York?

Immediately after a car accident in New York, your first priority should be safety and health. Here are the most important steps to take:

1. Call 911: Always contact the police, especially if there are injuries or significant damage. A police report is critical evidence later on.
2. Take Photos and Gather Evidence: If it’s safe, take pictures of the vehicles, injuries, street signs, and anything else relevant.
3. Get Medical Attention: Even if your injuries seem minor, seek medical care immediately. Many injuries (like concussions or whiplash) worsen over time.

Continue Treatment: If you’re hurt, keep up with medical appointments. Gaps in treatment can weaken your claim.

Do You Need to File a Lawsuit?

Not every car accident results in a lawsuit. In fact, many cases in New York are resolved through an insurance claim — either with the other driver’s insurance or your own, especially under New York’s no-fault insurance law.

However, there are situations where a lawsuit is the best option, such as:

• The insurance limits are too low to cover your damages.
• The other driver’s insurance is denying liability (fault).
• The insurance company is undervaluing your injuries.
• You’ve suffered serious injuries (as defined by New York Insurance Law §5102(d)), like fractures, permanent disability, or significant disfigurement.
• Your injuries have long-term effects, like chronic pain or traumatic brain injury.
  

How Long Does a Car Accident Case Take in New York?

Here’s a general timeline:

✅ If No Lawsuit is Filed

If the case can be settled directly with the insurance company:

• Timeline: A few months (generally 3–6 months)
• Best for: Minor injuries with clear fault and sufficient insurance coverage

📝 If a Lawsuit is Filed

If a lawsuit is necessary to protect your rights or maximize compensation:

• Filing the Complaint: Starts the legal process, usually filed in the county where the accident happened or where you live
• Defendant’s Response: The other party responds to your claim, usually within 30 days
• Discovery Phase: This is where both sides exchange information (medical records, photos, witness statements, etc.). This phase often includes:
  • Depositions (interviews under oath)
  • Independent Medical Exams (IMEs) by a doctor hired by the insurance company
• Discovery Timeline: Typically lasts 6–9 months
• Settlement Negotiations: May occur after discovery
• Trial (if needed): If the case doesn’t settle, a trial is scheduled — usually 12–18 months after the lawsuit was filed

Total Time for a Lawsuit in New York:
Anywhere from 9 months to 2+ years, depending on complexity and court schedules.

Key Factors That Affect How Long Your Case Takes

• Injury Severity: More serious injuries often mean longer cases due to ongoing treatment and higher damages.
• Insurance Coverage: Low policy limits may speed up settlement; high limits can lead to longer negotiations.
• Disputed Fault: If liability is unclear or contested, the case can drag on.
• Medical Treatment Timeline: If you’re still healing, your attorney may wait to file or settle to fully understand your long-term prognosis.

Should You Settle or Sue?

Every case is different. Some clients prefer a quicker settlement; others are better served by a lawsuit that may result in higher compensation but takes more time.

The decision depends on:

• Your goals
• Your financial situation
• The nature of your injuries
• The insurance company’s cooperation

A personal injury attorney can help you weigh the pros and cons of each approach.

Final Thoughts

The process after a car accident in New York can be overwhelming — but you don’t have to go through it alone. Whether you’re looking to settle or considering a lawsuit, understanding the timeline and your legal rights is the first step toward recovery.

If you’ve been injured in a New York car accident and have questions about your case, don’t hesitate to reach out. We’re here to help you understand your options and protect your future.