2025 Timelines: How Long Does It Take to Settle a Personal Injury Case in Queens?

The timeline for a personal injury settlement in Queens depends entirely on the unique facts of your case. A straightforward claim may resolve in a matter of months, while a complex case requires a more extended period to achieve a fair outcome.

For example, a minor car accident claim with undisputed fault will move faster than a case involving a catastrophic spinal cord injury that requires extensive future medical care.

This wide range exists because the timeline is mainly influenced by the severity of your injuries, the clarity of who is at fault, and the backlogs currently affecting the NYC Civil Court system in Queens.

Since 2020, court delays have added months, and sometimes years, to case timelines. While recent efforts to add new judges aim to reduce these backlogs, the system remains congested.

If you have a question about your situation after an accident in Queens, call us at (516) 399-2364.

Key Takeaways Involving Queens Personal Injury Case Settlement Timelines

• A personal injury settlement timeline in Queens depends heavily on the severity of your injuries, the complexity of determining fault, and the insurance carrier’s approach.
• You must reach Maximum Medical Improvement (MMI) before a settlement is negotiated to ensure all future medical needs are included in your compensation.
• Strict deadlines apply. You generally have 90 days to file a Notice of Claim against a government entity and three years to file a lawsuit for most negligence cases.
• While most cases settle out of court, protracted negotiations or complex liability issues may require filing a lawsuit, which extends the timeline.

What Are the Core Factors That Shape Your Settlement Timeline?

1. The Severity of Your Injuries and Reaching MMI

We cannot know the full value of your claim until we understand the full extent of your injuries and future medical needs. This is tied to a concept called Maximum Medical Improvement (MMI).

Simply put, MMI is the point where your medical condition has stabilized, and your doctor has a clear picture of your long-term prognosis. It doesn’t mean you’re fully healed; it means you’ve recovered as much as you are expected to.

• Simple Injuries: Minor injuries like soft tissue damage might allow you to reach MMI in a few months. This allows the settlement process to begin sooner.
• Severe Injuries: Catastrophic injuries, such as traumatic brain injuries or those requiring multiple surgeries, mean a much longer road to MMI. We must wait to understand the full scope of future care, lost earning capacity, and life-altering changes before we demand fair compensation. Settling before this point means you could be left paying for future medical care out of your own pocket.

2. The Clarity of Liability (Who Was At Fault?)

In any personal injury case, we must prove that the other party was responsible for your injuries. The standard of proof in civil cases is called preponderance of the evidence. This legal term simply means we have to show it’s more likely than not—a greater than 50% chance—that the other party was at fault.

• Clear Liability: If a driver runs a red light and hits you, and it’s captured on video, liability is straightforward. These cases tend to move faster because there is less to argue about.
• Disputed Liability: In many cases, especially slip and falls or multi-car pileups, the other side will argue you were partially to blame. New York follows a pure comparative negligence rule. This means your compensation is reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, your final compensation award will be reduced by 20%.

3. The Insurance Company and Their Policies

The size of the at-fault party’s insurance policy matters. If your damages are greater than the policy limits, finding other avenues for compensation becomes necessary, which extends the timeline.

Furthermore, some insurance carriers have internal processes that are more time-consuming than others. In cases with commercial defendants, like a trucking company, their insurers and legal teams are prepared for complex litigation, and the process is rarely quick. They must balance paying claims with their business’s bottom line.

A Step-by-Step Look at the Queens Personal Injury Settlement Timeline

Phase 1: Investigation and Building Your Case (1-4 Months)

This is the foundation. We build the story of what happened and what you have lost. This phase involves a meticulous collection of facts.

• Gathering Evidence: We collect police reports, medical records from every provider you’ve seen, witness statements, photos of the scene, and documentation of your lost wages. This creates a comprehensive picture of the incident and its immediate impact on your life.
• Hiring Experts: For complex cases, we may bring in accident reconstructionists to analyze crash dynamics or medical specialists to provide opinions on your injuries. Their detailed reports are powerful but take time to prepare.
• Filing the Claim: We handle all initial notifications and paperwork. For instance, New York’s No-Fault law requires claims to be submitted promptly, typically within 30 days. If a government entity like the City of New York is involved, a formal Notice of Claim must be filed within 90 days under General Municipal Law § 50-e. Missing these short deadlines permanently bars you from recovering compensation.

Phase 2: Reaching MMI and Calculating Damages (3-24+ Months)

As mentioned earlier, this phase is dictated by your medical recovery. Its length is highly variable and is the most unpredictable part of the timeline. You cannot rush healing, and we cannot rush this step.

While you focus on getting better, we keep a detailed record of every medical expense, lost paycheck, and other financial costs. We are building the “economic damages” portion of your claim.

At the same time, we document your non-economic damages. This includes the physical pain, emotional distress, and the injury’s impact on your quality of life, such as the loss of your ability to enjoy hobbies or perform daily activities. These damages are a significant part of your claim’s value and require careful documentation.

Phase 3: The Demand Letter and Negotiations (2-6 Months)

Once you reach MMI and we have a complete picture of your damages, we compile all the evidence and calculations into a comprehensive demand letter. This document is sent to the insurance company and formally begins the negotiation process.

The insurance adjuster will review our demand, conduct their own analysis, and respond. This response takes weeks or even a few months. It is standard practice for their first response to be a low counteroffer.

The negotiation process involves several rounds of back-and-forth communication. Our firm handles all these discussions, presenting arguments and evidence to justify the demand for fair compensation.

Phase 4: Filing a Lawsuit (If Negotiations Stall)

The majority of personal injury cases settle without a lawsuit. However, if the insurance company refuses to offer a fair settlement, we will discuss the option of filing a lawsuit with you. Under New York Civil Practice Law & Rules § 214, you generally have three years from the date of the accident to file a lawsuit.

• The Discovery Process (6-18 months after filing): If a lawsuit is filed, the case enters the discovery phase. This is the formal process where both sides exchange information under oath. It involves written questions (interrogatories), requests for documents, and depositions (sworn out-of-court testimony). It is a meticulous and lengthy phase designed to ensure both sides have all the relevant facts before a potential trial.
• Trial: Very few cases go to trial. If yours does, it could add another 1-2 years to the timeline due to court scheduling in Queens. The higher rates of pre-trial settlements reported post-pandemic show that both sides are typically motivated to avoid these extended timelines.

Frequently Asked Questions About Queens Personal Injury Timelines

Can I get any money while my case is pending?

In a car accident case, your own No-Fault insurance policy will cover your initial medical bills and a portion of lost wages, regardless of who was at fault. For other types of accidents, we discuss options like a lawsuit loan, but we generally advise against them due to high interest rates.

Will my case settle faster if I take a lower amount?

Yes, accepting a lowball offer will close your case quickly, but it is almost never in your best interest. You would likely be giving up the right to compensation that you will need for future care and losses.

Do I have to go to court to get a settlement in Queens?

No, most personal injury cases in Queens and throughout New York City settle before ever reaching a courtroom. A settlement is a voluntary agreement negotiated between your attorney and the insurance company. We only file a lawsuit and prepare for trial if the insurance company refuses to offer fair compensation for your injuries.

How do court backlogs in Queens County affect my case?

The Queens County Civil Court, like many courts, faces scheduling congestion. If your case requires a lawsuit, these backlogs can delay key milestones like depositions, hearings, and a potential trial date. This reality makes a fair pre-trial settlement even more desirable. Our strategy always involves preparing the case for trial to show the insurance company we are serious, which often motivates them to negotiate a reasonable settlement sooner.

Why can’t my lawyer just tell me how long my case will take?

An attorney cannot ethically promise a specific outcome or timeline. Because the timeline depends on your physical recovery, the other party’s willingness to negotiate fairly, and court schedules, providing a precise timeframe is impossible.

Any lawyer who guarantees a quick settlement is not giving you a realistic assessment. We commit to moving your case forward efficiently at every stage while never sacrificing the goal of securing the full compensation you deserve.

Your Path Forward with Tucker Lawyers PC

We handle cases for families across Queens. We are familiar with the local courts on Sutphin Boulevard and the unique challenges people here face after a serious accident.

If you’re ready to understand the path ahead for your case, call us for a free consultation at (516) 399-2364.