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Timeline of a Personal Injury Case
Learn the many factors that determine the timeline of your personal injury case
If you were hurt in a car crash, slip and fall, or another type of accident caused by someone else’s negligence, you likely have many questions. One of the most common concerns people have before filing a personal injury claim is how long it will take for their case to be resolved. The concern is understandable, especially when you have medical bills piling up, and you cannot return to work to pay for them.
Truthfully, no one can determine exactly how long your personal injury case will take. There are many factors that will impact the timeline. Below, our Buffalo personal injury lawyer explains the process, the deadlines you need to know about, and more.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
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- Why choose our Buffalo personal injury lawyers at O’Brien & Ford PC?
- The first 24 hours after an accident
- The initial investigation
- Medical treatment
- The insurance claim process
- Filing a lawsuit
- Discovery
- Motions
- Mediation and settlement conferences
- The trial
- Important deadlines to remember
- What causes delays in personal injury cases?
- Ways to expedite your claim
- FAQs about the timeline of personal injury cases
- How to find a Buffalo personal injury lawyer near me
- Call our personal injury lawyers in Buffalo today
Why choose our Buffalo personal injury lawyers at O’Brien & Ford PC?
Our Buffalo personal injury lawyers at O’Brien & Ford PC are deeply committed to our clients. When you call us, you will speak to a lawyer within two minutes. We will then schedule a free one-hour, no-obligation consultation to review the facts of your case, answer your questions, and explain our approach.
While we do strive to reach a fair settlement for our clients, there are times when trial is necessary. We are ready and prepared to take your case to court when needed to ensure your rights are upheld. We get to know you, your family members, and your goals so we can always work in your best interests. We measure success by the impact we have on cases and the amount of recovery obtained for our clients. We keep our caseloads low so our attorneys can stay proactive and provide each client with the attention they deserve.
Our entire legal team also works on a contingency fee basis. This means you do not pay anything unless we successfully recover a settlement or verdict in your case.
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“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
The stages of a personal injury case
The first 24 hours after an accident
The clock starts ticking on your case the moment an accident occurs. The actions you take in the first few minutes will impact how quickly your personal injury case is resolved. It is critical to report the accident, seek medical attention, and start gathering evidence right away.
Whether you are hurt on a wet floor inside a Buffalo grocery store or you are injured in a car accident on the Kensington Expressway, it is critical to document everything. If possible, take photos of the accident scene and what caused your injuries. Even if you do not initially believe you are injured, it is critical that you visit an urgent care center or medical facility such as Buffalo General or Erie County Medical Center (ECMC).
Waiting too long to seek treatment can hurt your case. Although a personal injury lawyer can help you gather important evidence while working on your case, early documentation can make a huge difference down the road.
The initial investigation
Your lawyer will spend the first days and weeks after your accident investigating and collecting evidence. This may include police reports, photos from the scene, and locating witnesses. They may also reach out to experts, such as accident reconstruction specialists, to determine how the accident occurred and who is to blame. Lawyers need this evidence when they file the insurance claim. This phase can take anywhere from one to three months.
Medical treatment
Your lawyer may recommend that you wait to settle your claim until you reach maximum medical improvement (MMI). Reaching this point means that your injuries have stabilized to the point that any further significant improvement is unlikely with additional treatment. This can help determine the cost of your current and future care. Reaching MMI can take anywhere between one and eighteen months.
The insurance claim process
After your lawyer has accurately valued your claim and collected the necessary evidence, they will file your claim with the insurance company. The insurance company has 15 business days to acknowledge the claim. When investigations are particularly complex, they can take between 60 and 120 days. Your lawyer will also send a demand letter to the insurance company with proof of damages.
Negotiations with the insurance company can then take up to six months, although some cases take longer. Although the majority of personal injury cases settle outside of court, there are times when trial is necessary.
Filing a lawsuit
If the insurance company refuses to act fairly or there are disputes in your case that cannot be resolved, you may have to file a lawsuit and, if it doesn’t settle along the way, take the case to trial. This process officially begins when you file a summons and complaint. The defendant, or at-fault party, will be served with these documents, and they have the opportunity to respond. Typically, they respond with a denial and a list of defenses, including affirmative defenses of comparative fault, which shifts the blame to you. This phase can take anywhere from one to three months.
Discovery
The discovery phase of a lawsuit is often the longest. During this part of the process, each side exchanges information and reviews the evidence the other party plans to present. Requested information can include written interrogatories, depositions, physical or mental health examinations, requests for production of documents, and more. This phase can take anywhere from 9 to 24 months.
Motions
After discovery, the Buffalo personal injury lawyers for either side may file a number of motions with the court. For example, one side may file a motion in limine. Or, one side may file a motion for summary judgment. Motions, and the decisions surrounding them, can take anywhere from two to six months.
Mediation and settlement conferences
Before a personal injury case actually goes to trial, the court may refer the parties to mediation or a settlement conference. A settlement conference in New York is a court-supervised process where the parties involved in a lawsuit try to resolve the dispute before trial. During mediation, the two sides meet with a neutral mediator who tries to foster compromise and communication so an agreement can be reached. This stage can take several weeks to several months.
The trial
Very few personal injury cases go to trial. While the need to go to trial can add a year or more to your case, the actual process typically only runs from one to three weeks.
Important deadlines to remember
There are many important deadlines to remember when filing a personal injury claim. These are as follows:
- You must file an MV-104 form with the Department of Motor Vehicles within ten days of a reportable motor vehicle accident.
- You generally must provide written notice of a no-fault claim within 30 days of a car accident.
- If you are filing a claim against a village, town, or city, you must serve a Notice of Claim on the municipality within 90 days after the claim arises.
- Under the statute of limitations in New York, you usually have three years from the date of the accident resulting in injury to file a lawsuit. If you do not file within this time, you will likely be unable to recover any compensation.
What causes delays in personal injury cases?
Not all personal injury cases follow the same path. For example, a minor fender bender on South Transit Road will likely move more quickly than a construction accident involving multiple liable parties. The main causes of delays in personal injury claims are as follows:
- Liability is contested or unclear
- There are multiple companies or people involved
- Your injuries require long-term medical treatment
- There are no photos, videos, or credible eyewitnesses
- You did not follow up with all medical treatment
- The insurance company refuses to negotiate fairly
If companies shift blame to you, deny liability, and there is not enough strong evidence, your Buffalo personal injury lawyer will have to investigate, look for additional evidence, and possibly bring in expert testimony. All of this takes time, but it is necessary to build a strong case.
Ways to expedite your claim
No personal injury case is resolved overnight. However, there are some ways to ensure your case proceeds as quickly as possible. These include:
- Attend all medical appointments.
- Keep detailed records of your symptoms, pain level, any time missed from work, and all expenses and invoices related to the injury and other losses.
- Respond quickly to your lawyer’s questions or requests for documents.
- Do not talk about the accident or the injuries you sustained online.
- Try not to change doctors unless it is absolutely necessary.
The more organized and involved you are in your case, the more efficiently your lawyer can work for you.
FAQs about the timeline of personal injury cases
How long does a personal injury lawsuit take in New York?
Most personal injury cases take between eighteen months and three years to resolve. The timeline extends much longer if your case has to go to trial. During a lawsuit, the discovery phase is typically the longest. This can frustrate injured individuals, as they often do not see the process, but it is an important part of it. If your case is very simple and liability is fairly clear, it may resolve more quickly. On the other hand, if you are filing a claim against multiple defendants, your case may take longer.
Why does discovery take so long?
Will I have to testify at trial if I file a lawsuit?
How long do I have to file a lawsuit?
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How to find a Buffalo personal injury lawyer near me
Our legal team works out of two offices in Buffalo, New York: 4549 Main Street, Suite 201, and 701 Seneca Street, Suite 208. We also serve clients in North Buffalo, Genesee, Moselle, Front Park, Cold Springs, Cheektowaga, Amherst, and other surrounding areas.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
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701 Seneca Street, Suite 208
Buffalo, NY 14210
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Call our personal injury lawyers in Buffalo today
If you have been injured due to another person’s negligence, our Buffalo personal injury lawyers at O’Brien & Ford PC are here to help. Our experienced attorneys know how these cases move through the insurance companies, medical systems, and the local courts. We remain focused on moving your case forward while also ensuring your rights are protected at every stage. We are not looking for a fight, but if you encounter one, you want us by your side. Call us today or contact us online to schedule your free consultation with one of our knowledgeable attorneys.