Detailed Answer
Overview of a Personal Injury Case Timeline in New York
Resolving a personal injury claim for lost wages typically takes between six months and two years. However, case complexity, evidence gathering and insurance negotiation can lengthen the process.
Key Phases of a Lost Wages Claim
- Initial Consultation and Investigation (1–3 months): Your attorney reviews medical records, wage statements and incident reports. They send a demand letter to the insurer outlining your economic and non-economic losses.
- Insurance Negotiation (3–9 months): Insurance companies review your demand and may accept, reject or counteroffer. You may need to submit additional wage documents, such as pay stubs or employer affidavits.
- Filing a Lawsuit (if needed): If negotiations stall, your attorney can file suit before the statute of limitations deadline under CPLR 214. In New York, you have three years from the date of injury to sue.
- Discovery and Pre-Trial Motions (6–12 months): Both sides exchange evidence, depose witnesses and may file motions to shape the case strategy. Discovery of employment and financial records can add time.
- Settlement Conference or Trial (12–24 months): Courts often require a preliminary conference to encourage settlement. If you cannot settle, the case proceeds to trial. Trials and any post-trial motions add more time.
Factors That Affect Case Duration
- Severity of your injuries and need for medical expert testimony
- Quality and availability of lost wage documentation
- Defendant’s willingness to negotiate
- Court backlog in your jurisdiction
- Potential appeals after trial
Statute of Limitations in New York
Under CPLR 214, you must file your personal injury lawsuit within three years of the accident date. Missing this deadline usually bars your claim.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Start documenting lost time immediately after injury.
- Keep copies of pay stubs and employer wage verification.
- Follow your doctor’s treatment plan to strengthen your claim.
- Communicate regularly with your attorney for updates.
- Consider alternative dispute options like mediation to speed resolution.