Key Takeaways:
- Motor vehicle fatalities in New York reached their highest level in a decade in 2022.
- Injury severity, the number of cars involved, and whether the case goes to trial all affect the length.
- Lambrou Law firm can help you navigate the legal process in your car accident case.
Tragically, motor vehicle fatalities in New York state rose 25.8% from 2019 to 2022, with deaths reaching their highest level in a decade in 2022. For the families of those who die or those who are injured in car crashes, the road to recovery can be long and difficult. Beyond the damages for wrongful death, which can include physical pain and emotional trauma, the loss of wages, and other damages, the uncertainty of what to expect is overwhelming. If you’re concerned about the mounting costs of medical treatment, you may be wondering–how long will it take to get the compensation you deserve?
At Lambrou Law Firm, we understand how challenging this time can be. Our experienced personal injury attorneys are committed to guiding you every step of the way, using our best practices to help the case go smoothly. While no two cases are the same, here are some factors that might affect how long your case takes to resolve. Our firm has represented many families that have lost a loved one or those who were seriously injured in car accidents.
The Process of Moving Forward: Factors That Affect Car Accident Cases
The length of a car accident case can vary depending on several elements. While simpler cases might be resolved in months, more complex cases that go to trial could take well over a year. Understanding these factors can help set realistic expectations.
1. The Severity of the Injuries
It’s hard enough when you’re dealing with the life-changing loss of a loved one or painful injuries like a broken bone or injuries to your spine, shoulder, knee, or elsewhere from a car accident. But what makes this even harder is that these severe injuries often require ongoing medical treatment that could last months, which can delay case resolution.
When a car accident injury leads to wrongful death or immense pain and suffering, those can take longer to settle. You may need more services to help you regain your normal life, including emergency operations, rehabilitation, and physical therapy. Permanent disabilities may need evaluations from expert physicians. Maximum medical improvement (MMI) (once the victim is stabilized) is often necessary to determine accurate compensation. Other times, additional surgeries can be needed years after the car crash.
2. How Many People Are Impacted
On average, the more cars involved in the case, the longer the car accident settlement takes to complete. For example, in a three-car accident, it is sometimes more complicated to establish liability. People assume that it’s the rear driver that always takes the blame. However, the first driver could have stopped suddenly for no reason, which could potentially shift the blame to that driver. These scenarios are part of the reason why multiple-vehicle accidents can last longer.
3. Settlement vs. Trial
Whether your case is resolved through settlement or goes to trial can heavily impact the timeline. In a settlement, a resolution may be reached before the case goes to trial. If a case goes to trial, the case requires additional court appearances and preparation. The typical personal injury trial includes the following stages:
- Jury Selection: The random selection of jurors from the voter registration list;
- Opening Statements: Gives the jury an overview of the case from the plaintiff and defendant;
- Witness Testimony: A person who saw or heard the crime and speaks about it in court;
- Closing Statements: Gives the jury fair commentary on what the evidence showed at trial;
- Jury Instructions on the Law by the Judge: The judge reads and gives the law the jury has to apply in deciding the case to the juries; and
- Verdict: The formal decision from the jury or judge at the end of the trial, usually delivered by the jury in the form of answers on a verdict sheet.
It may take over a year for a case like this to get to trial. If there’s a liability dispute, there may be a separate trial necessary to decide the fault of the respective parties before a trial can be had on the issue of injuries and fair and reasonable compensation.
4. Insurance Company Negotiation
Depending on the complexity of the car accident, the negotiation with insurance can vary in length. This can also depend on the insurance company. Some insurance companies have no interest in negotiating a fair settlement. Many insurers attempt to minimize payouts, causing further delays and leaving us with no choice but to go to trial. Typically, they will send you a first offer. Oftentimes, it’s way lower than expected, but not always. An experienced personal injury lawyer like Lambros Lambrou can help this process and fight for you to obtain a fair settlement from insurance, a settlement that will adequately compensate you for the wrongful death of a loved one and your harms and losses.
5. The Legal Process
There are specific elements of the legal process that can make the case last longer, whether we are forced to go to trial or not. Some of these include:
- Evidence gathering: The time-intensive process to collect evidence used in court;
- Court schedules: They can be incredibly busy, delaying the case before and during trial;
- Discovery: The process of collecting relevant information from the opposing party;
- Depositions: Witness interviews by lawyers before trial to understand their testimony and their version of the events that led to the car crash and the losses and harms sustained by the plaintiff(s); and
- Motions: A request to the judge to make a legal ruling on key witnesses and evidence.
Obtain Peace of Mind in Your Car Accident Case With Lambrou Law
Car accidents can be devastating for everyone involved. At Lambrou Law Firm, we are here to help, and we have helped car accident victims and the families of those who have wrongfully died for nearly 30 years in New York, New Jersey, Pennsylvania, and Florida. Our dedicated legal team will guide you through each step of the process, fighting to ensure you receive the compensation you deserve–no matter how long it takes. Let us advocate for your rights so you can focus on healing and moving forward.
If you or a loved one has been injured in a car accident, contact us today for a free consultation.
