How Long Does It Take to Get a Personal Injury Settlement in New York?
Waiting is one of the hardest parts of an injury case. The bills keep coming, and the insurance company seems to be in no hurry. Here is what actually takes time, how long New York's courts expect each step to take, and what you can do to keep things moving.
The short answer: A simple claim that settles without a lawsuit can wrap up in a few months. A case that goes to court takes much longer. On paper, New York court rules allow roughly 16 to 23 months from the first court meeting to the start of trial. Real cases can take longer.
Before a lawsuit: the claim stage
Most cases start with a claim to the insurance company, not a lawsuit. Here is how that usually goes.
- You get medical care. Most lawyers wait until your doctors know how much you will recover. Settling sooner can leave out future costs.
- Your lawyer builds the claim. This means gathering medical records, bills, proof of lost pay, photos and accident reports.
- Your lawyer sends a demand. This is a letter asking the insurance company to pay a set amount.
- The insurance company answers. It may pay, offer less or say no. Some back and forth is normal.
If the two sides cannot agree, the next step is a lawsuit.
After a lawsuit: New York's court clock
Many New York courts use rules that set target times for each step of a case. Judges can shorten or stretch them, so treat these as goals, not promises.
| Step | What happens | Target in the court rules |
|---|---|---|
| First court meeting | A judge sets the schedule for the case | Within 45 days after your lawyer asks for a judge |
| Gathering evidence | Both sides trade records, question people under oath and set up a doctor exam | 8, 12 or 15 months, depending on how complex the case is |
| Ready for trial | Your lawyer tells the court the case is ready | After evidence gathering ends |
| Pretrial meeting | The judge pushes for a deal and sets a trial date | Within 180 days after the case is marked ready |
| Trial | A jury hears the case | Within 8 weeks after the pretrial meeting |
Add those up and you get about 16 to 23 months from the first court meeting to trial. Many cases settle along the way.
After you settle: getting paid
Agreeing to settle is not the same as getting paid. If you settle after filing a lawsuit, you sign a release, which is the paper that ends your claim. The payment clock starts once your lawyer sends the signed papers to the other side.
- A private person or company must pay within 21 days after getting the signed papers.
- New York City and other local governments have 90 days.
- New York State has 90 days after the State Comptroller confirms it has all the papers it needs.
If the other side pays late, New York law lets your lawyer get a court judgment for the settlement amount plus interest. If you settle before a lawsuit, the law sets no deadline, so ask your lawyer when to expect the money.
Once the money arrives, your lawyer has 15 days to pay you your share and give you a written closing statement. That is the rule in New York City and nearby counties.
What slows a case down
- Claims against the government. For New York City, you must file a notice of claim and wait at least 30 days before you can sue.
- Cases for children. A judge must approve any settlement for someone under 18.
- Paybacks. Medicare and other paybacks must be worked out before your final share is known.
- More than one side to blame. When several people or companies share the blame, it takes longer to get every insurer to pay its share.
- Appeals. If either side appeals the jury's decision to a higher court, the case can go on for many more months.
What you can do to keep things moving
- Go to every medical appointment and follow your doctor's plan.
- Keep copies of bills, receipts and pay stubs in one place.
- Answer your lawyer's calls and requests quickly.
- Ask your lawyer for an update at each step, and ask what the next step is.
The bottom line
A fast settlement is not always a good one. The best timing is usually after your treatment is done and the facts are clear. If your case is moving slowly, ask your lawyer which step it is on and what is holding it up. To learn which moments tend to bring the best offers, read At What Point Do Most Personal Injury Cases Settle?
This post gives general information about New York law. It is not legal advice. Talk with a New York injury lawyer about your own case.
Sources
- Court time targets: 22 NYCRR 202.19.
- Payment deadlines after settlement: CPLR 5003-a.
- Lawyer's 15-day deadline to pay you: 22 NYCRR 603.25 (Manhattan and the Bronx) and 22 NYCRR 691.20 (Brooklyn, Queens, Staten Island, Long Island and nearby counties).
- New York City notice of claim and 30-day wait: NYC Comptroller.
- Court approval for children's settlements: CPLR 1207 and CPLR 1208.