Why Your Injury Case Is Taking So Long (And How to Speed It Up)

Understand Delays in New York Personal Injury Claims and What You Can Do About Them

After an accident, most people feel extremely stressed out. You’re dealing with pain, phone calls, and paperwork, and just when you think things should be moving forward, everything stalls. If your personal injury case in New York is taking longer than expected, you’re not alone. Many injured people across the state, from Queens to Rochester, wait months or even years before they see a resolution. Often, they don’t understand why.

At Horn Wright, LLP, we help clients across New York State understand what’s slowing down their case and what steps can actually make a difference. If you’ve been injured and you’re tired of the delays, we’re here to help you move things forward.

You’re Still Treating Your Injuries

One major reason injury cases take time is that your treatment isn’t finished yet. Insurance companies in New York usually won’t offer a fair settlement until you’ve reached what doctors call "maximum medical improvement" (MMI). That’s the point where your condition is as stable as it’s going to get.

If you’re still getting treatment at NYU Langone, Northwell Health, or another large New York medical provider, there’s a good chance the case will stay open. Medical providers take time to process records and send them over. Without those documents, your attorney can’t calculate what your future care might cost or what the full value of your case could be.

Settling too soon could leave you without compensation for future surgeries, physical therapy, or mobility devices. That part of the process can’t be rushed.

To help keep things moving:

• Ask for copies of your medical records after each major appointment.
• Keep a running list of your treatment dates, providers, and medications.
• Let your lawyer know immediately if your condition worsens or improves.

Fault Is Still Under Investigation

In New York, assigning fault can take time, especially if multiple people or companies might be responsible. Our state uses a comparative negligence system. That means your compensation can change based on how much fault each party shares.

Accidents at New York City intersections, construction sites in the Bronx, or icy sidewalks in Syracuse often involve more than one party. It takes time to sort out who did what. Police reports can be delayed, especially if you’re waiting on documents from a local precinct. Traffic camera footage from the NYC DOT isn’t always easy to access either.

Disagreements about fault create major delays. If one side insists they weren’t to blame, both insurance adjusters and attorneys will dig into the evidence, interview witnesses, and request expert opinions.

There’s a Backlog in the New York Courts

The civil court system in New York is overwhelmed. Even before the pandemic, courts in Kings County, Nassau County, and Monroe County had long calendars. Today, many courts are still playing catch-up.

Some New York counties don’t have enough judges or courtroom staff to keep cases moving quickly. In Queens County Supreme Court, it can take a year or more to get a trial date, even after filing a Request for Judicial Intervention.

If your case requires a hearing or goes to trial, expect delays, especially if you’re in a more congested area like Manhattan. Even rural courts aren’t immune. In parts of upstate New York, limited court sessions mean fewer available dates.

Delays aren’t always avoidable, but knowing the timeline can help manage expectations. Your attorney may be waiting just as anxiously as you are.

The Insurance Company Is Delaying on Purpose

Sometimes, the delay isn’t about the courts or your treatment. It’s the insurance company dragging its feet.

In New York, insurers are required to act in good faith. That doesn’t stop some from using stalling tactics. They may:

• Repeatedly request documents you’ve already submitted
• Delay returning phone calls or emails
• Change adjusters mid-case
• Schedule unnecessary examinations

These tactics are strategic. The longer you wait, the more likely you are to accept a low offer.

If you notice the adjuster is vague, keeps rescheduling, or blames “internal processing” for every delay, say something. Make requests in writing. Keep a log of every interaction.

A good attorney will push back. Staying alert on your end also helps.

There’s a Dispute Over the Value of Your Case

Even when everyone agrees on fault, they may not agree on what your case is worth. This is especially true in high-cost parts of New York like Manhattan, where lost income and medical expenses run high.

Insurance companies often try to undervalue pain, suffering, or mental distress. They’ll challenge soft tissue injuries or downplay emotional trauma, especially if your documentation is thin.

Your attorney needs to prove that you were hurt and how those injuries changed your life. That’s where strong evidence comes in:

• Clear doctor’s notes connecting the injury to the accident
• Employer letters outlining missed days or reduced duties
• Daily journals tracking pain and mobility changes
• Photos of visible injuries over time
• Pharmacy receipts and care-related purchases

Gather what you can. The stronger your file, the faster negotiations can move.

There Are Multiple Parties Involved

In some New York cases, there’s more than one defendant, and each one can cause delays.

Each party will have their own insurer and legal team. That means separate investigations, separate statements, and sometimes conflicting stories. Coordination takes time.

Your attorney might have to:

• Schedule joint meetings
• Respond to multiple sets of document requests
• Work with expert witnesses from different fields

These cases often take longer. The payout can be larger too, depending on how liability and coverage limits shake out.

You Switched Attorneys Mid-Case

Changing attorneys in the middle of a case isn’t uncommon, but it does cause a pause.

When you switch firms in New York, your file has to transfer. The new team needs to review everything, including medical records, legal filings, and settlement offers, and reconnect with providers and insurance companies. That process can take weeks.

While ethics rules require outgoing attorneys to cooperate, delays happen. Sometimes records are incomplete or hard to decode. Other times, insurers need to reassign your case to a different adjuster, which means another round of introductions.

Switching lawyers doesn’t hurt your case. It often improves it. Just expect a temporary slowdown while the transition happens.

You Can Still Take Steps to Speed Things Up

Even if outside factors are slowing things down, there are ways you can help move your case forward.

Here’s what you can do:

• Respond quickly to any requests from your lawyer or doctor
• Keep all documents in one organized folder (cloud storage helps)
• Follow up if you haven’t received an update in a few weeks
• Ask for a general timeline of the next few steps
• Show up to all appointments and hearings on time

Avoid pushing to settle just to be done. Rushing can leave money on the table. Instead, focus on what you can control. Being engaged and prepared helps your legal team work faster and smarter.

Patience Pays, but Diligence Helps

Delays in personal injury cases are frustrating. They leave you wondering if anyone’s doing anything or if your case has slipped through the cracks. In New York, many of these slowdowns are part of the process. They help protect your rights and ensure you’re fully compensated.

Still, you don’t have to wait passively. Stay organized, stay in touch, and stay involved. Your persistence matters.

Need Legal Help in New York? We’re Here.

At Horn Wright, LLP, we understand how stressful delays can feel. That’s why our attorneys serve clients across New York State with persistence and clarity. Whether you’re stuck waiting on paperwork in Yonkers or facing court delays in Suffolk County, we’ll step in, sort through the holdups, and help you move forward.