How long a personal injury claim takes to settle depends on many factors, including the complexity of the case, the total value of your claim, the severity and prognosis of your injuries, and the strength of the evidence in your case. Because these factors can vary so much from case to case, there is no way to determine how long it will take to settle a personal injury claim.
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What to Do After an Injury
If you have suffered an injury due to the negligence of another party, the most important thing to do is seek medical attention to treat your injuries. Not only is your health of the highest priority, but by getting the medical treatment you need, it will be easier for a doctor to determine the full impact your injuries will have on your life moving forward.
In some cases, injury victims may have to see a specialist, which can increase your medical expenses and take even more time. In other cases, the health of victims can rapidly change and result in an unexpected increase in medical costs. Both of these instances are reasons why you do not want to settle too quickly, as you may require more compensation to treat even more extensive injuries.
Building a Strong Case After a Personal Injury
Another factor that impacts how rapidly you are able to settle your personal injury claim is the strength of your case and the evidence that supports it. That is why, after being retained by a client, the first thing we do is conduct a thorough investigation into the incident that caused the injury.
The evidence we gather in our investigation includes:
- Medical records, police reports, and eyewitness statements
- Receipts, bills, and other documentation that shows the extent of your financial losses
- Video surveillance
In some cases, we may consult with subject-matter experts who can provide testimony regarding the other party’s negligence in your case. This is particularly useful in medical malpractice cases or car collisions where we use medical experts or reconstruction experts to determine liability.
Remember the Statute of Limitations
NY § 214 generally requires you to file a personal injury lawsuit within three years of your injury, or you are typically barred from recovering compensation. In cases of wrongful death, you are generally required to file a lawsuit within two years under NY§ 5-4.1.
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When Large Settlements Are at Stake
It is not possible to predict how long a case takes to settle, but in cases where the value of your claim is significant, it can take longer to settle your case. Insurance companies often delay in offering a fair settlement in cases where a large amount of money is at stake; we may have to pursue your case at trial to achieve a fair settlement. We are here to fight for your rights to pursue compensation to the fullest extent of your injuries.
For a free, no-risk review of your case, contact Rosenberg & Gluck, L.L.P. today at (631) 451-7900.