Common Delays in Personal Injury Settlements (And How to Avoid Them)

What Slows Claims and How to Prevent It

After an accident, most people feel overwhelmed. Bills pile up. Calls from insurance adjusters start coming in. And you’re left trying to heal while juggling questions you didn’t expect. The last thing you want is to wait months, or even years, for your personal injury settlement. But unfortunately, delays happen all the time. Across New York State, legal systems can move slowly, and outside factors throw cases off track.

At Horn Wright, LLP, we understand how stressful this is. Our attorneys have years of experience helping clients throughout New York get results without unnecessary delays. We work closely with doctors, insurance companies, and the courts to keep things moving, so you can focus on healing while we handle the legal side.

Medical Treatment That’s Still Ongoing

When your treatment isn't finished, your case likely won't be either. That’s because the full cost of your injury isn't clear until doctors know your long-term outlook. In New York, where specialists from places like NYU Langone or Upstate University Hospital handle complex cases, this step can take months.

Until you reach a point called Maximum Medical Improvement (MMI), your legal team can't accurately calculate damages. If they settle too early, you risk losing out on compensation for future care or lost earnings.

What you can do:

• Keep all your medical appointments.
• Ask your doctor for progress updates in writing.
• Follow your treatment plan exactly as prescribed.

Being proactive about your recovery helps your legal team build a stronger, faster case.

Incomplete or Delayed Medical Records

Doctors are focused on care, not paperwork. That’s fair. But it becomes a problem when hospitals or clinics take weeks (or longer) to send your medical records. Across New York State, release times can vary by provider, and that delays settlement talks.

Insurance adjusters won’t evaluate your case until they see all the details. That includes ER reports, surgical notes, and rehab summaries. If something’s missing, your claim stalls.

How to stay ahead:

• Sign medical release forms early in the process.
• Follow up with providers weekly.
• Keep your own copies of test results and visit summaries when possible.

The faster your legal team gets the paperwork, the sooner they can push your case forward.

Insurance Company Stall Tactics

Some delays don’t come from hospitals or lawyers. They come from insurance companies dragging their feet. Adjusters may ignore calls, "lose" documents, or ask for the same information multiple times.

This happens throughout New York, from smaller cities like Utica to busier boroughs like Queens. These tactics wear people down and pressure them to accept low offers.

To protect yourself:

• Keep a written record of all communication.
• Save copies of every letter, email, and form.
• Ask for confirmation when you submit documents.

Staying organized helps your attorney hold the insurer accountable and reduces back-and-forth delays.

Disputes Over Liability

Sometimes the biggest issue isn’t the injury, it’s who caused it. If the other party denies fault, everything slows down. Each side must collect evidence, review statements, and possibly bring in experts.

These disputes take time and often lead to long delays.

How you can help:

• Get the police report immediately.
• Write down names and phone numbers of witnesses.
• Photograph the scene if you're physically able.

The stronger the initial evidence, the faster liability can be resolved.

High Claim Value Disputes

If your injuries are severe, your claim may involve higher compensation, and that can slow things down. Insurance companies scrutinize large cases more carefully. They may bring in extra reviews or challenge every detail.

This happens often in highway collisions or job site accidents in cities like Rochester or Manhattan.

What helps speed this up:

• Gather documentation of income loss, like pay stubs or tax returns.
• Keep receipts for every out-of-pocket medical expense.
• Ask your doctor to provide a statement on long-term health effects.

Thorough documentation gives your attorney the leverage needed to move the case forward confidently.

Slow Legal Procedures in New York Courts

New York’s court system is known for its heavy caseload. In counties like Kings and Queens, civil courts move slowly due to sheer volume. Even after a case is filed, it might sit for months waiting for a conference or court date.

It’s frustrating, but it’s not uncommon. Scheduling conflicts, judge availability, and court backlogs all contribute.

Here’s what helps:

• File the claim as early as possible.
• Push for court scheduling orders.
• Ask your attorney about early resolution programs offered in some counties.

While you can't control the court's pace, staying on top of deadlines can reduce idle time.

Multiple Parties Involved

When more than one person or company shares blame, the timeline grows. That might include multi-vehicle crashes, product failures, or unsafe property conditions with several responsible parties.

In New York, joint liability often leads to back-and-forth finger-pointing among insurance carriers. Each one may try to shift responsibility, which delays any serious settlement discussion.

Tips to minimize hold-ups:

• Notify all insurers early.
• Get clear documentation of what happened.
• Let your attorney manage communication between parties.

When cases involve many players, clarity and coordination become key.

Waiting for Maximum Medical Improvement (MMI)

Doctors wait to see how you respond to treatment before giving final opinions. MMI is the point when your condition stops improving. Only then can your attorney assess long-term costs like disability or chronic pain.

In New York, reaching MMI could take months or even longer depending on your injury and specialist access.

To stay involved:

• Ask your doctor for an estimated recovery timeline.
• Keep every appointment to avoid gaps in care.
• Let your legal team know if your condition worsens unexpectedly.

Patience here protects your future. Settling before MMI risks walking away with less than you need.

Gaps or Inconsistencies in Your Story

Insurance companies look closely for any reason to delay or deny. If your story shifts or your treatment record has unexplained gaps, they flag it. Even minor inconsistencies create doubts.

This happens in slip-and-fall cases at grocery stores or small businesses throughout Brooklyn or Yonkers.

Avoid mistakes like:

• Delaying your initial medical visit
• Changing your explanation of how the injury happened
• Skipping physical therapy sessions

Stay consistent, honest, and detailed. It gives your case the credibility it needs to move forward.

Changing Attorneys Midway

Sometimes people hire an attorney they later decide isn’t a good fit. Switching counsel mid-case can help long-term but often causes short-term delays. The new lawyer needs time to catch up, review documents, and re-establish communication with insurers or the court.

In New York, attorney substitution also requires court filings that take a few days to process. That pause can slow settlement talks.

If you feel unsure about your representation:

• Ask direct questions about their strategy.
• Request a clear timeline.
• Communicate your expectations before making a change.

Getting aligned early avoids a costly reset later.

Settlement Negotiation Breakdown

Even when everything else moves forward, talks can stall at the negotiation table. If one side refuses to compromise, the case may head to trial.

In New York, trials can take a year or more to schedule. This varies by county, but civil cases in places like Manhattan or Erie County often face extended wait times.

Options to consider:

• Mediation or neutral evaluation
• Pre-trial settlement conferences
• Preparing thoroughly for trial if needed

Being flexible while staying firm helps keep negotiations alive, and keeps the timeline manageable.

Medicare or Medicaid Liens

If Medicaid or Medicare paid for any part of your treatment, they may place a lien on your settlement. That means a portion of your award goes to repay them before you receive the rest.

This lien must be reviewed and negotiated before finalizing any settlement. In New York, that process can take weeks.

How to prepare:

• Tell your attorney upfront if you’ve used public insurance.
• Keep a list of providers and dates of treatment.
• Ask for lien status updates as the case moves forward.

Dealing with liens early keeps closing delays to a minimum.

Misfiled or Missing Documents

Legal filings have to be precise. In New York, missing a signature or using the wrong form could mean rejection by the court clerk. Even small clerical issues can reset a filing deadline.

Some common setbacks include:

• Failing to serve all defendants correctly
• Incorrectly filling out a summons
• Missing notarizations

The fix? Work with a detail-focused legal team that double-checks every form, every time.

Keep Things Moving with the Right Legal Support

Delays in personal injury settlements are frustrating, but many can be avoided. Staying active in your recovery, keeping records in order, and choosing the right legal team all make a difference. In New York, where court systems and insurance companies move at their own pace, persistence matters.

At Horn Wright, LLP, we guide our clients through every step, from the first medical visit to final payout. Our attorneys know how to keep cases from stalling and how to push for full compensation without unnecessary wait times.