Personal Injury Lawsuit Timeline in New York: Every Stage, Start to Finish

This page covers what happens after a suit is filed. If your claim has not been filed and you are asking how long a settlement takes, that is a different sequence and it is set out in how long a car accident settlement takes. How we handle these cases is on our motor vehicle accident page.

Before anything is filed

Investigation, treatment and a demand to the insurer usually come first. A case is filed when the claim cannot be resolved at a fair number, or when a deadline requires it — generally three years from the injury under CPLR § 214, or far sooner where a public body is involved.

Stage 1: Pleadings — 1 to 3 months

The case begins with a summons and complaint. The defendant is served and answers, usually with a general denial and a list of affirmative defenses including comparative fault. Insurers assign defense counsel at this point. Not much appears to happen; the schedule is being set.

Stage 2: Discovery — 9 to 24 months

This is the bulk of the case and the part clients find longest, because progress is real but invisible.

• Written discovery. Demands for records, bills, employment history, prior claims and prior medical treatment. Expect the defense to ask for a great deal about your medical past — the pre-existing condition argument starts here.
• Depositions. Sworn testimony, out of court, transcribed. Yours will happen. It is the single most important day in most cases and it is prepared for at length.
• The defense medical examination. A doctor of the insurer's choosing examines you and writes a report. It is generally brief and its conclusions are predictable.
• Non-party discovery. Records from treating providers, employers, and anyone else who holds relevant proof.

Court conferences run throughout to keep the schedule moving.

Stage 3: Note of issue — the case is certified ready

When discovery is complete, a note of issue is filed and the case joins the trial calendar. This is a meaningful milestone: it is the point at which the case stops being open-ended.

Stage 4: Motions — 2 to 6 months, sometimes parallel

Summary judgment motions are common. In a motor vehicle case the recurring one is whether the injury meets the serious injury threshold in Insurance Law § 5102(d). A plaintiff may also move on liability where fault is clear — a rear-end collision, for instance. These are decided on the papers and can take months.

Stage 5: Mediation and settlement conferences

Most New York courts require a settlement conference before trial, and many cases resolve there or at private mediation. By this point both sides have seen the depositions, the medical proof and the defense exam, which is precisely why the number available now is usually better than the one offered in month two.

Stage 6: Trial — if it gets there

Comparatively few cases are tried. Those that are usually run one to three weeks including jury selection. Trial dates move; being "on the calendar" is not the same as starting.

Stage 7: After a verdict

A verdict is not always the end. Post-trial motions and appeals can add a year or more, and a structured settlement may be negotiated instead of a lump sum in a large award.

What a deposition day is actually like

It is not a courtroom. It is a conference room with a court reporter, the lawyers, and you. Defense counsel asks questions and you answer under oath; your own lawyer is present throughout and prepares you beforehand at length.

Most of it is ordinary: how the collision happened, what you felt, what treatment you had, what you can and cannot do now. The questions that cause trouble are the ones about your medical history and about the days you felt better, and they cause trouble only when the answer is guessed at rather than admitted. "I don't remember" is a complete answer. The transcript is what the case is valued on afterwards, which is why the preparation matters more than the day.

The defense medical examination

You will be examined by a physician selected and paid by the insurer. The appointment is often short. The report is generally predictable: findings are degenerative, treatment was excessive, maximum medical improvement has been reached.

What blunts it is the record built beforehand. A report contradicted by two years of consistent treatment from your own doctors is a much smaller problem than one contradicted by nothing.

What makes a case run long

• Multiple defendants, each with counsel and each with a schedule.
• Public defendants. Claims involving the City or the MTA carry additional statutory steps.
• Ongoing treatment. A case cannot be valued while the prognosis is still moving.
• Venue. Some New York courts are simply busier than others.
• Disputed causation, which turns a case into a contest between experts.

Common questions

How long does a personal injury lawsuit take in New York?

Commonly eighteen months to three years from filing, with discovery accounting for most of it. Simple cases with clear liability resolve faster; cases against public bodies and cases with multiple defendants run longer.

Does filing a lawsuit mean I will have to testify at a trial?

Probably not at a trial, but almost certainly at a deposition. Most filed cases settle before trial.

Why does discovery take so long when nothing seems to happen?

Because it is records, schedules and other people's calendars. Providers take weeks to produce files, depositions are coordinated across several lawyers, and courts set the pace.

Can I settle after the lawsuit is filed?

Yes, and most people do. Filing does not close the door on settlement — it usually improves the terms, because the defense is now working to a deadline.

Will the delay cost me? I have bills now.

Tell us early rather than late. Treatment can often continue while a case is pending, and understanding what no-fault covers — see who pays your medical bills — changes what the wait actually costs you.

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.