Most clients ask the same question at the first meeting: how long will this take? The honest answer is that it depends on the facts, the medical course, the defense, the court calendar, and the strategic choices made along the way. But the general framework is consistent across most serious cases. A case with surgery and litigation typically takes two to three years. A case that settles without litigation may takes a few months to a year. A case that goes to trial could take three years or more. Understanding the framework helps clients navigate the process without making decisions driven by impatience.
A car accident case in New York does not resolve in weeks. Most serious injury cases take one to three years from the date of the accident to settlement or verdict. Understanding why the process takes this long — and what is happening at each stage — helps you participate in your case with realistic expectations rather than frustration. The timeline exists because building a case properly takes time, and settling before the case is fully developed leaves money on the table.
The medical treatment phase: 6 to 18 months
No case can be properly evaluated until the injured person reaches maximum medical improvement — the point where the treating physician determines that the condition has stabilized and further significant improvement is not expected. If you are still treating, still undergoing diagnostic testing, still seeing specialists, or still considering surgery, the full extent of your damages is unknown. The case cannot be settled or tried until this phase is complete because the value depends on knowing the final medical picture. Rushing to settle during active treatment means accepting a number based on incomplete information.
For cases involving conservative treatment only — physical therapy, injections, chiropractic care — the medical phase typically runs six to twelve months. For cases involving surgery, the phase extends to eighteen months or longer because post-surgical recovery itself takes six to twelve months, followed by a period of evaluation to determine the permanent effect of the surgery. A spinal fusion patient, for example, may not reach maximum medical improvement for eighteen to twenty-four months after the surgery. During that time, the case is being developed, and resolving it without understanding the long term medical condition is a mistake.
The pre-litigation phase
Before a lawsuit is filed, most cases go through a pre-litigation phase in which the attorney builds the case file, monitors medical treatment, preserves evidence, and considers whether a demand can be made to the carrier for pre-suit settlement. During this phase, the attorney orders medical records, obtains imaging studies, reviews the police report and accident investigation, and evaluates whether the evidence supports the serious injury threshold. If the case can be resolved without filing suit, a demand letter with supporting documentation is sent to the carrier. If the carrier’s offer is inadequate or the case requires litigation to develop fully, the lawsuit is filed.
The decision of when to file suit is particular to each case. In some situations, filing suit immediately is the best course of action. For other cases, developing the medical record may be the best course of action. Our firm accepts a limited number of case so we can create the proper strategt for each client's case. Lawsuits should not be a one size fits all practice.
The litigation phase: 6 to 12 months of discovery
Once a lawsuit is filed, discovery — the exchange of documents, interrogatories, and depositions — typically takes 6 to 12 months. The defense deposes you. Your attorney deposes the at-fault driver. Medical records are exchanged. Expert reports are prepared. The defense conducts an IME. Motions may be filed, including the threshold motion under Section 5102(d). This phase often runs concurrently with the later stages of medical treatment.
The New York court system imposes procedural deadlines for each stage of discovery. A preliminary conference order is typically issued at the outset, setting deadlines for the exchange of Bills of Particulars, medical authorizations, and responses to document demands. Depositions are generally scheduled within 60 to 90 days of the preliminary conference. A note of issue — the filing that signals the case is ready for trial — is typically due 12 to 18 months after the preliminary conference. These deadlines can beextended in complex cases but often enforced in routine ones.
Settlement conferences and resolution
After discovery is complete, the court schedules settlement conferences. A judge reviews the case with both sides and facilitates negotiation. Many cases settle during or shortly after these conferences because both sides now have complete information. If the case does not settle at the conference, mediation with a private mediator may follow. A private mediator spends a full day with the parties in separate rooms, shuttling between them to facilitate negotiation. Mediation resolves a substantial percentage of the cases that reach it.
If the case still does not settle, it is scheduled for trial. Trial scheduling depends on the court’s calendar and can add additional months. In New York City courts, the backlog of cases means that even a case ready for trial may wait six to twelve months before the trial date. Once trial is scheduled, the final settlement negotiations often produce a resolution before the first witness testifies. The trial itself, for a typical auto accident case, runs three to seven days.
Early settlement offers usually do not reflect the case’s value
The carrier may offer to settle early, before you reach maximum medical improvement, before discovery is complete, and before the case is prepared for trial. These offers are designed to close the file cheaply. The carrier benefits from speed. You do not. An offer that seems generous three weeks after the accident may represent a small fraction of the case’s actual value once the full medical picture is known and the case is prepared for trial.
The carrier’s strategy is to identify the claimants who will accept a low offer to avoid the time and uncertainty of litigation. Some claimants do. The claimants who accept early offers typically receive settlements that are a fraction of what prepared cases settle for. The carrier knows this and counts on it. Do not accept a settlement before your medical condition has stabilized and your attorney has calculated the full value of the damages based on the complete medical and employment record.
Factors that extend the timeline
Some cases take longer than the typical one-to-three-year range. Cases involving government entities move more slowly because the procedural requirements add time. Cases involving multiple defendants with contested liability take longer because each party requires discovery. Cases involving catastrophic injuries take longer because the medical picture itself takes longer to stabilize. Cases in certain counties move more slowly than others due to court backlogs. A case in Manhattan Supreme Court may take longer to reach trial than a case in Nassau County Supreme Court simply because of the volume difference.
Appeals extend the timeline further. If the defense files a motion that is denied, the defense may appeal the denial. An appeal to the Appellate Division typically takes nine to eighteen months to resolve. During the appeal, the trial court case is often stayed. A plaintiff who wins the threshold motion at the trial court level may wait another year for the Appellate Division to affirm before the case can proceed to trial.
Why the timeline serves the client’s interest
The case takes time because building it properly takes time. Settling before the medical picture is complete leaves money on the table. Settling before discovery reveals the full liability picture means settling without complete information. The carrier benefits from a quick resolution. The client benefits from a prepared one. The timeline that produces the best result is the timeline that allows the case to be fully developed before settlement is evaluated.
The frustration with the timeline is natural. Medical bills accumulate. Lost wages create financial pressure. The uncertainty of ongoing litigation is stressful. These are real burdens, and they are part of why insurance carriers can obtain discounted settlements from impatient claimants. An attorney’s role includes managing the client’s expectations about the timeline and helping the client understand why patience ( at the right time) produces better outcomes. In some cases, the attorney can accelerate specific stages by pushing the defense on discovery deadlines or by moving the court to set firm trial dates. But the overall arc of a serious case is typically measured in years, not months.
How Schwartzapfel Holbrook manages case timelines
At Schwartzapfel Holbrook, we set expectations about the timeline at the first meeting and provide regular updates as the case progresses. We do not rush cases to resolution to turn over files. We resolve cases when the medical picture is complete, the evidence is developed, and the settlement reflects the full value of the damages. The carrier benefits from speed. The client benefits from preparation. When we see an opportunity to accelerate the case, we pursue it. When the case needs more time to develop, we take the time. The goal is the best outcome for the client, not the fastest one.
Schwartzapfel Holbrook / Fighting For You