Times of Need
How Long Does a Typical Case Usually Take?
When injured people reach out to The Law Office of Mark A. Siesel for a free consultation, the question our team most often hears is: How long will my claim take? We’re always happy to hear this question, because it’s an important one.
At The Law Office of Mark A. Siesel, we’ve guided individuals in Westchester County and across the Hudson Valley through the legal process for nearly 40 years. While every case is unique, understanding the general timeline of a personal injury case can help you make informed decisions along the way.
Our team understands that this question comes from the very real concerns that you may be facing after a serious injury. You may have medical bills coming in and may be unable to work because of your injury. This can naturally make you anxious to find out when you can expect to see a settlement or verdict in your case.
The best way to find out what to expect is to consult with a personal injury attorney as soon as possible after your injury. You can always contact The Law Office of Mark A. Siesel for a free consultation to review your case.
No Two Cases Are Exactly Alike
Before diving into a general timeline of what you can expect from a personal injury claim, it’s important to understand that no two cases are the same, and all the factors that make cases different can also impact their timeline.
Several key factors influence how long your case will take, including:
- The severity of your injuries.
- How long it takes you to heal from your injuries, and your long-term prognosis.
- Whether fault is disputed.
- The willingness of the insurance company to settle.
- The complexity of the case and legal issues involved.
- The court’s schedule, if a lawsuit is filed.
You may feel pressure to accept a quick resolution if you are facing financial pressure, but this benefits the insurance company. Our team works with you to pursue a fair claim, even if this requires going to court.
Stages of a Personal Injury Case
Every stage of the process can take a different amount of time:
- Initial consultation: After your injury, the first step is to consult with an attorney. Your attorney will evaluate your case and begin the process of gathering evidence and contacting insurance companies, if you decide to work together. This process can take a week or two.
- Investigation: Your attorney will investigate the cause of your injuries to secure evidence and to uncover all liable parties. During this time, you will be getting medical treatment for your injuries and getting a sense of the long-term impact of your injuries. This investigative phase can take a few weeks to several months or even more.
- Negotiations: Your lawyer will send a demand letter to the insurance companies involved in your claim, starting the negotiation process. Demand letters include a summary of the facts, your injuries, the financial impact on your life, and the compensation your lawyer is seeking on your behalf. The negotiation process can take months of back-and-forth, but your lawyer will handle all communications with the insurance company.
- Trial: If settlement negotiations fail, your lawyer may take your case to court to seek fair compensation for you. Before the trial starts, your case will involve the discovery phase, where both parties exchange information. This process can take up to a year, especially if the other side is uncooperative or there are multiple parties involved. Your attorney will continue to try to reach a settlement, but if one can’t be reached, the case proceeds to trial. Personal injury trials can last from a few days to several weeks.
A minor car accident case where the facts of the case are generally agreed upon can take a few months. A case involving serious injuries will usually take longer than a year, especially because the insurance companies involved will want to minimize the payout. Complex cases that go to trial and involve permanent injury can take a year or more.
Keep in mind, these are just estimates. Every case is different. Delays can happen due to court backlogs, medical treatment timelines, or uncooperative insurance companies. On the other hand, a skilled attorney can present strong evidence that encourages insurers to offer a fair settlement more quickly than they might otherwise.
How Long Will My Criminal Case Take?
At The Law Office of Mark A. Siesel, we represent clients in personal injury as well as criminal cases. If you need a defense attorney for a DWI charge, assault, or any other criminal charge, you can contact us for a free consultation.
When you are accused of a criminal offense, you will want to know how long it will take to clear your name. Accusations can affect your relationships, career, and finances, so of course you want to know when the situation will be resolved.
As with personal injury cases, criminal cases vary widely in terms of timeline. Here are the factors that can impact your charges:
- The severity of charges: Misdemeanor cases usually resolve more quickly than felonies. Misdemeanor cases can take six months to a year to get to the trial stage. Felonies can take longer than a year.
- The evidence and your lawyer: If your lawyer can gather strong evidence and can seek a dismissal, plea, or other avenue, this can reduce how long you may have to wait to have your case resolved.
- Whether your case goes to trial: Misdemeanor cases can take over a year if the case goes to trial, and felonies can take longer than two years.
- The complexity of your case: Multiple charges or complex facts can mean your case takes longer.
- Court backlogs: New York courts face limited resources, and it can take months of waiting to get a hearing or trial date, which can delay your case. If your case is in New York City, you may wait longer than in smaller communities because the city’s courts have faced backlogs in recent years.
- Pretrial motions, adjournments, and legal procedures: Motions to dismiss charges or suppress evidence require hearings and judicial decisions, which can add months to the process. The same is true with competency hearings, adjournments, psychiatric exams, and other legal procedures. However, your attorney can recommend some of these actions to support your case.
In a criminal case, there are two timeline challenges. Of course, you want your case to resolve as quickly as possible so you can start rebuilding your life. On the other hand, you don’t want to face longer probation or incarceration. A skilled lawyer will work strategically to help you get back on track after charges, both by ensuring the legal process doesn’t take too long and by minimizing the impact of charges on your freedom.
How The Law Office of Mark A. Siesel Helps Move Your Case Forward
At The Law Office of Mark A. Siesel, we understand that time matters in your case. Whether you are facing a serious illness or criminal charges, the longer your case continues the larger the impact on your life. However, rushing through the legal process can mean a less positive impact. Here is how our law firm balances the two and supports you through the process:
- We stay in regular contact, so you understand what to expect.
- We push for timely resolution without compromising your compensation.
- We prepare every case as if it’s going to trial, so we’re always ready to go to trial without delay.
- We work with trusted experts to strengthen your case and speed up decision-making.
In every case, we fight to get the maximum recovery possible, not just the fastest.
If you’ve been injured due to someone else’s negligence, you deserve an honest assessment of your case, including how long it might take and what to expect along the way. If you have been accused of a crime, you also deserve transparent answers.
The Law Office of Mark A. Siesel has been proudly serving clients throughout Westchester County, the Hudson Valley, and the greater New York area for nearly 40 years. Contact us today for a consultation about your case.