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If you have suffered an injury due to someone else’s negligence, you may wonder whether pursuing a personal injury claim is worth it. In most personal injury cases, victims are entitled to significant compensation for their economic and non-economic damages. However, reaching an injury settlement can take years to resolve, depending on the case’s specific circumstances, which causes victims to question whether they should take legal action in the first place. If you have been injured due to negligence, contact a seasoned New York City Personal Injury Attorney who can help you fight for the just compensation you deserve. Please continue reading to learn how long your injury claim may take in New York. 

How long will my personal injury case take to settle in New York?

When injured through no fault of your own, burdening with hefty medical bills, lost wages, pain and suffering, and other injury-related expenses can be highly frustrating. It becomes even more stressful when litigation moves at a snail’s pace. However, despite the potential length of your case, you must pursue a personal injury claim to ensure you have the chance to collect compensation for your losses stemming from the accident. It is imperative to note that you must file your claim within the statute of limitations. In New York, the statute of limitations is three years. Therefore, you have three years from the accident date to file a claim against a negligent party.

Since every case is different, the answer to how long your case will take depends on several factors. However, they generally are settled within one to three years. Each process of litigation can either speed up or slow down the process. Some of the factors that can affect the time it takes to resolve your case include:

  • The complexity of the case
  • Amount of economic and non-economic damages
  • The severity of your injuries
  • Willingness to settle
  • Your patience

That said, the first step you should take is to retain the legal services of an experienced attorney. It is critical to contact an attorney as soon as possible, as it will be time to build a solid case and maximize your chances of recovering monetary compensation for your damages. Once you have retained quality legal counsel, your attorney will help you with the initial paperwork.

The discovery process can take time as both sides will gather facts by examining police reports, medical records, witness statements, and more. Any disputes over fault or specific facts regarding the case are investigated during discovery. From this point, there is often an effort made to attempt a settlement which mau involves negotiation, mediation, or arbitration. The case will proceed to a trial if a settlement is not reached. During this process, motions and arguments will be presented. Finally, the jury will deliver a verdict. Nevertheless, you can file an appeal which could prolong the process.

If you have been injured due to someone else’s negligence, contact a skilled New York City personal injury attorney at Swerling Law today. Our firm is prepared to help you navigate this complex legal process. With years of experience, you can rely on our team to help you seek reasonable compensation for your damages.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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