We’ve all heard of lawsuits taking years and years to settle. But what’s the truth? Do all injury claims take a long time to settle? If you were hurt in a car accident in New York, how long will you have to wait to get the compensation you deserve?
There’s no set timeframe for car accident settlements in New York. They could take anywhere from weeks to years, depending on the case. For example, if the defendant doesn’t want to settle at a fair amount, they might be intentionally non-communicative or otherwise disruptive. Or, if you lack evidence, you might not have enough leverage to convince the defendant to settle quickly and fairly.
Your attorney can identify and resolve possible issues so that your case doesn’t take longer than necessary. That said, being patient is important. If you speed through settlement negotiations, you could end up accepting an unfair offer. While going to court can be daunting, it might be necessary, especially if negotiations are dragging on for far too long in New York.
Sizing Up Car Accident Settlement Lengths in New York
All car accident claims are different, meaning all settlement negotiations take varying amounts of time. That said, some things could indicate how long your case takes, letting you gauge your recovery timeline in New York.
Settlement negotiations are an alternative to court and can save all parties valuable time, money, and resources. That said, settling requires concessions on behalf of all parties, so you shouldn’t rush into it.
Settlement negotiations could take anywhere from a few short weeks to several months to a couple of long years. If you need compensation quickly and settlement negotiations do not seem viable, you can change directions and choose to move forward with a trial in New York.
Settlement negotiations aren’t limited in time. That said, according to C.V.P. Law § 214(5), you have to file your claim within three years of the accident to even engage in settlement negotiations. If you don’t file on time, the court could dismiss your lawsuit, barring you from recovery in New York.
Speed Bumps that Slow Down Settlement Discussions in New York
Each case is different, and certain factors could make one take longer than another. It’s important to anticipate these speed bumps early so you’re not without compensation for too long in New York.
The Defendant Causes Issues
If the defendant disputes their liability or causes problems to intentionally delay or disrupt settlement negotiations, that could lengthen your recovery. For example, defendants might be
intentionally non-communicative, suggest that you contributed to the accident, or try to draw out an emotional outburst from you to sabotage negotiations.
It will be important to address such attempts to jeopardize negotiations in words promptly. An experienced attorney can identify defendants who do not intend to pay victims what they deserve and help plaintiffs move forward with trials in New York. While that can be daunting in comparison to settlement negotiations, it might be necessary if the defendant tries to intentionally extend negotiations.
Your Case Lacks Leverage
When victims enter settlement negotiations without enough evidence, talks might drag on too long or result in an unfair settlement. Victims in these situations might not have sufficient leverage to convince a defendant to offer a good settlement.
Having a skilled New York car accident attorney by your side can eliminate this risk. For example, your lawyer can immediately start investigating the accident, gather and organize evidence, and present it compellingly, convincing a defendant to settle quickly and at a fair amount.
What if You Speed Through Settlement Negotiations for a Car Accident in New York?
If you speed through settlement negotiations in New York, you could end up accepting an unfair offer. If you do, the case will be over, and you won’t be able to get more compensation from a negligent driver.
Because car accident injuries are often life-altering, victims typically need money in their pockets right away. This could lead to victims accepting bad offers from defendants just because they need compensation fast. Defendants and their counsel know this, so the first few offers they give are typically low and unfair.
You should negotiate, at least for a while. Even stubborn defendants might agree to a good settlement, especially if they risk being found liable for even more damages at a trial.
Settlement negotiations and trials can be emotionally draining for victims, so they might choose to settle quickly and get compensation fast. While that is understandable, it’s important to be patient and remember your attorney’s tally of your damages. If the settlement doesn’t cover all your financial damages from an accident, you could be responsible for covering them yourself, which is unfair. Keep your end goal in mind, be patient, and be open to the possibility of taking your case to court to get all the damages you deserve in New York.
