Why Some Personal Injury Cases Take Years to Settle

How Long Do Personal Injury Cases Take to Settle in New York?

After an accident, most people feel extremely stressed out. Medical bills show up fast. Work becomes impossible. And when you file a personal injury claim, it feels like justice should come quickly. But in New York State, that process often takes much longer than anyone expects. Sometimes a case wraps up in a few months. Other times, it drags on for years. That doesn’t mean something went wrong. It often means your attorney is making sure you don’t settle for less than you deserve.

At Horn Wright, LLP, our personal injury attorneys have spent years guiding clients through the New York civil justice system. We understand the delays, and more importantly, we know how to manage them. When you hire our team, we take that pressure off your shoulders. You focus on healing, and we handle the legal side, no matter how long it takes.

Medical Treatment Often Takes Time to Complete

Before your attorney can push for a fair settlement, you have to reach a stable medical point. That’s called maximum medical improvement (MMI). Until then, no one truly knows how much your injury will cost over time.

Doctors in New York’s larger hospitals, like NYU Langone or Strong Memorial in Rochester, often require months of observation and treatment. If your condition changes or worsens, it directly affects how much compensation you should receive. Rushing to settle too early could mean losing out on coverage for future surgeries, rehab, or chronic pain.

In short, your health comes first. That timeline doesn’t follow a legal calendar.

Disputes Over Fault Can Stall Negotiations

When two sides can’t agree on who caused the accident, everything slows down. Under New York’s comparative negligence rules, you can recover damages even if you’re partly at fault. But insurers use this to reduce their payout.

If liability is unclear, insurers may argue you played a role in causing the incident. Your lawyer pushes back, their adjuster delays, and the case turns into a drawn-out negotiation.

Disputes like this often require extra investigation, which includes:

• Reviewing surveillance footage
• Interviewing eyewitnesses
• Reconstructing accident scenes

None of this happens quickly, especially when both sides dig in, which is one reason it’s important to hire a lawyer early in the process who understands how to anticipate obstacles and reinforce your case with timely, well-prepared evidence.

Complex Cases Require Expert Testimony

Some cases involve serious injuries or technical details that need outside expertise. That adds more time.

If you suffered a spinal injury in a multi-vehicle crash, for example, your attorney might need input from:

• Neurologists
• Accident reconstructionists
• Life care planners
• Economists

Each expert provides a report, sometimes followed by a deposition. Their availability, especially in a busy state like New York, can delay progress. These professionals often juggle court cases across the state, and scheduling them takes time.

But their role matters. They strengthen your case and often lead to higher settlements.

Insurance Companies Delay to Protect Their Bottom Line

Insurance companies don’t make money by paying out quickly. They stretch things out.

In serious injury cases under New York’s no-fault laws, they may question whether your condition meets the “serious injury threshold.” They delay medical reviews, dispute doctor reports, and push lowball offers.

It’s a tactic. They want you to give up and accept less. That’s why having an experienced New York personal injury lawyer matters. Your attorney sees these strategies coming and plans accordingly.

Insurers often:

• Require repeated documentation
• Request unnecessary statements
• Change adjusters mid-case

These actions slow everything down. But they don’t stop us from fighting for the full amount you’re owed.

Court Schedules in New York Stay Backlogged

Even if both sides want to resolve your case, the court system might not cooperate. Delays in the New York State Unified Court System are common. Judges juggle packed dockets, and staff shortages cause calendar gaps.

In places like Kings County and Westchester, civil courts often book hearings months out. COVID-19 created a backlog that still hasn’t fully cleared.

Once your case enters the litigation phase, you wait on:

• Pre-trial conferences
• Depositions
• Motions and rulings
• Trial dates

Each delay stretches the case, and while it may feel frustrating, it often reflects how the court system operates under limited resources and strict timelines set by the state, including deadlines tied to the statute of limitations, which can heavily influence when and how a case proceeds.

Settlement Negotiations May Break Down

Sometimes, both sides talk in circles. You demand full value, they offer half. Negotiations stop. That pause can last weeks or months.

In many New York counties, mediation is a tool attorneys use to break the impasse. But even mediation requires scheduling, coordination, and agreement to participate. When it fails, the case heads toward trial, which starts the court-based delays all over again.

Your attorney might advise stepping back to gather stronger evidence, such as updated medical records or additional witness statements. While it feels like a stall, it often helps you get a better offer later.

Legal Procedures Add Time, Step by Step

The personal injury process isn’t one big step. It’s dozens of small, necessary ones. And each one takes time.

Once your attorney files a lawsuit in courts like Bronx Supreme or Onondaga County, the case moves through discovery. That includes:

• Exchanging evidence
• Taking depositions
• Responding to motions
• Pre-trial hearings

If either side files procedural motions, like excluding an expert witness or dismissing a claim, a judge must review and rule. That process can last months.

Even when everyone does their job promptly, just waiting on official rulings can drag the case forward slowly.

Multiple Parties Make Cases More Complicated

Not every case involves just one injured person and one defendant. Many have layers.

Construction accidents, multi-vehicle crashes, and premises liability cases often involve several parties. Your attorney must determine who holds liability, and each of those parties hires their own legal team.

With multiple parties involved:

• Scheduling becomes harder
• Discovery grows in size
• Arguments multiply

These cases often feel like chess games, where every move triggers a response. More players mean more time.

High-Value Claims Take Longer to Resolve

If your case involves permanent injuries or high-dollar losses, expect a longer journey. Insurers fight harder when more money is on the line.

Your attorney must provide extensive documentation to justify a large demand. That might include:

• Lifelong care estimates
• Lost earning capacity reports
• Mental health evaluations

In New York, where living costs and medical bills run high, these numbers often climb quickly. Insurers take their time challenging every dollar.

That delay means your attorney sees the value in your claim. They’re working to get you every bit of compensation your situation demands.

Clients Sometimes Contribute to Delays

Sometimes the case slows down for personal reasons. Not showing up to appointments. Missing deadlines. Not returning calls. These things happen, especially when you’re recovering.

Still, it’s important to stay active in the process. Your attorney can only move as fast as the communication allows. If a doctor’s report is missing or a signature gets delayed, the case stalls.

Ways you can help keep your New York case moving:

• Follow all medical instructions
• Keep documents organized
• Respond to attorney outreach promptly

Even small actions make a difference over time, and if you’re still wondering why your personal injury claim hasn’t resolved, understanding the factors behind your case taking so long can give you better insight into what to expect moving forward.

Get Legal Help from Attorneys Who Know New York Law

Personal injury claims in New York often take time, and that’s why it’s important to have attorneys who stay steady, focused, and responsive. At Horn Wright, LLP, our team understands the delays that come with serious injury cases. We protect your rights, keep pressure on the other side, and work to move things forward. Whether your case takes six months or six years, we’re prepared to help you pursue a fair outcome, so contact us today.