Legal Process
Even when fault is obvious, a car accident case takes time — proving your injuries matters as much as proving who caused the crash.
If you’ve been injured in a car accident, one of the first questions you’re probably asking is, “How long is this going to take?” It’s a fair question. After all, if the other driver was clearly at fault, why should it take months or even years to resolve your case?
I hear this question all the time from clients. From the outside, it seems simple. Someone ran a red light, rear-ended your vehicle, or made an unsafe lane change. The police report supports your version of events, witnesses agree, and the insurance company has accepted liability. So why isn’t there a settlement check a few weeks later?
The answer is that proving who caused the accident is only one part of a personal injury case. Just as important is proving the extent of your injuries and the value of your damages. That takes time.
At Palermo Law, we believe that educating our clients is just as important as representing them. Understanding the process helps set realistic expectations and explains why patience is often rewarded with a better outcome. If you have been injured in a crash, you can learn more about how we handle these cases on our Long Island Car Accident page and our Long Island Personal Injury page.
| 1 | Medical Treatment & MMI
Treatment continues until Maximum Medical Improvement (MMI) is reached — the point where doctors can reliably assess long-term impact and future needs. |
| 2 | Settlement Package Prepared
Once enough medical evidence exists to properly value the case, a comprehensive settlement package is sent to the insurance company before any lawsuit is filed. |
| 3 | Insurance Company Response
Some cases resolve here without ever filing a lawsuit. If the insurer will not pay fair value voluntarily, the next step is taking the case to court. |
| 4 | Lawsuit Filed — Summons & Complaint
The defendant generally has 20 or 30 days to respond after being served, depending on how service was completed (CPLR §320). |
| 5 | Court Conference & Discovery
In Nassau and Suffolk Counties, getting a court conference generally takes around three months. Discovery, depositions (EBTs), and independent medical examinations follow, with scheduling often adding several months. |
| 6 | Case Certified & Trial Calendar
Once discovery concludes, the case is certified for trial and joins the court’s calendar. In Nassau and Suffolk, it is currently common to wait approximately six to nine months after certification for a trial date. |
| 7 | Resolution
Most lawsuits still settle before a jury is ever selected. Even accounting for every stage above, most cases resolve without going all the way to verdict. |
Every personal injury case has two major components.
The first is liability. In other words, who caused the accident?
The second is damages. That means proving how badly you were hurt and how those injuries have affected your life.
Many clients assume that once the insurance company admits their driver was at fault, everything else falls into place. Unfortunately, that is rarely how it works. The Insurance Information Institute notes that settling a claim involves far more than an admission of fault, since the value of the claim still has to be worked out separately.
Insurance companies often agree that their driver caused the accident while still disputing the seriousness of your injuries. They may argue that your treatment was unnecessary, your injuries existed before the accident, or that you recovered much sooner than your doctors believe.
Because of that, my job is not simply to prove the accident happened. My job is to prove the full impact that accident has had on your life.
One of the biggest mistakes an injured person can make is settling a case too soon.
Today, many insurance companies make early settlement offers. Sometimes those offers arrive just weeks after the accident. To someone who has missed work, has medical bills piling up, or simply wants to move on, that check can be very tempting.
The problem is that these early offers are usually relatively small. In many cases they fall somewhere between $3,000 and $10,000.
For someone with significant injuries, that amount is often nowhere close to fair compensation.
Even if your injuries seem minor at first, it is impossible to know how they will progress during the first few weeks or months after an accident. Some injuries improve with treatment. Others do not. What begins as neck or back pain may eventually require injections, extended physical therapy, or even surgery.
If you settle too early, you cannot come back later and ask for more money because your condition became worse. Once you sign a release, your case is over. As Nolo’s consumer legal guide explains, a settlement should only be considered once you know the full extent of your damages, since signing away that right cannot be undone later.
That is why I almost never recommend accepting an early settlement offer before we fully understand what your injuries look like.
Giving up your legal rights for a relatively small amount of money simply is not worth the risk.
People often think waiting hurts their case.
In reality, waiting often helps.
As your treatment continues, we begin collecting the evidence needed to prove your injuries. That evidence includes emergency room records, imaging studies, orthopedic records, neurologic evaluations, physical therapy records, surgical reports, diagnostic testing, and anything else that documents what you have been through.
We also gather proof of lost wages, out-of-pocket expenses, and other financial losses, including documentation submitted through New York’s No-Fault insurance system.
The more complete the medical picture becomes, the easier it is to accurately evaluate the value of your claim.
Insurance companies don’t simply pay based on how badly you say you are hurt. They pay based on what can be proven. Our goal is to present a case that is supported by objective medical evidence rather than speculation.
The point at which you settle can matter as much as the accident itself. Here is what changes depending on when a case is resolved.
One term you may hear during your case is Maximum Medical Improvement, often shortened to MMI.
Maximum Medical Improvement does not necessarily mean you are completely healed.
Instead, it means your doctors believe your condition has stabilized enough to understand the long-term effects of your injuries. At that point, they usually have a good idea whether you have fully recovered, whether you have permanent limitations, whether additional treatment will be necessary in the future, or whether surgery may eventually be recommended.
Reaching Maximum Medical Improvement allows us to place a much more accurate value on your case.
Without knowing where your medical condition will ultimately end up, any settlement discussion is little more than an educated guess.
That is not a gamble I like taking with my clients’ futures.
Not necessarily.
This is one area where experience matters.
There are cases where a client has reached a point where we have enough information to fairly evaluate the claim, even if treatment is technically continuing.
For example, your doctors may have determined that your condition is permanent, recommended future treatment, or concluded that additional therapy is simply maintenance care. In other situations, surgery has already been recommended, even if it has not yet been scheduled.
When that happens, we may have enough evidence to begin discussing settlement without waiting months longer simply for treatment to conclude.
Every case is different.
The important point is that we do not rush to settle simply because the insurance company is willing to write a check. We settle when we have enough reliable medical evidence to know what your case is actually worth.
That approach protects our clients from accepting less than they deserve.
Once we understand the full extent of your injuries, we shift our focus from gathering medical evidence to presenting it in a way that gives the insurance company every opportunity to fairly resolve the claim.
That is where the settlement process really begins.
We prepare a comprehensive settlement package that tells the complete story of your accident, your injuries, your treatment, and the impact the crash has had on your daily life.
Sometimes that process leads to a fair settlement without ever filing a lawsuit.
Other times, it becomes clear that the insurance company is simply not willing to pay fair value voluntarily.
When that happens, the next step is taking the case to court.
In the next section, I’ll walk you through exactly what happens after that, including what a Summons and Complaint is, how discovery works, why depositions and medical examinations take time, and why even after a lawsuit is filed, most Long Island car accident cases still settle before trial.
Once I believe we have enough medical evidence to properly value your case, the next step is to give the insurance company every opportunity to settle it fairly before filing a lawsuit.
To do that, we prepare what is commonly called a settlement package or demand package.
Think of it as telling your entire story in one organized presentation.
While every case is different, a settlement package often includes:
The Goal
Give the insurance adjuster everything needed to understand both how the accident occurred and why fair compensation is justified.
Every insurance company handles claims differently.
Some carriers assign experienced adjusters who carefully review the file and respond within a reasonable period of time. If they make a fair offer, we begin negotiating.
Many cases are resolved during this stage without ever stepping foot inside a courtroom.
Unfortunately, not every insurance company approaches claims that way.
Some make offers that simply are not reasonable. Others take months to respond. Occasionally, they fail to make any meaningful offer at all.
When that happens, we have no choice but to file a lawsuit.
That does not necessarily mean your case is headed for trial. In fact, most lawsuits still settle before a jury ever hears the case.
It simply means we are now asking the court to step in and move the case forward.
The lawsuit officially begins by preparing and serving a document called a Summons and Complaint.
The Summons is the legal notice that tells the defendant they are being sued.
The Complaint explains what happened, why the defendant is legally responsible, and the damages we are seeking on your behalf.
After the defendant is served, New York law gives them a limited amount of time to respond. In many cases, that response is due within approximately 20 or 30 days, depending on how service was completed.
In reality, extensions are fairly common, particularly when insurance companies appoint defense attorneys after the lawsuit has already been served.
The defendant’s response is called an Answer.
The Answer usually admits certain basic facts while denying others. It also contains legal defenses that the defendant may rely upon during the lawsuit.
Many clients are surprised to learn that even when liability seems obvious, the Answer often denies many of the allegations contained in the Complaint.
That is perfectly normal.
The defense attorney has an obligation to preserve their client’s legal defenses while the evidence is developed through the discovery process.
Once the pleadings have been completed, the next step is obtaining a court conference.
In Nassau and Suffolk Counties, this generally takes around three months, although that timeframe can vary depending on the court’s calendar.
During this conference, the judge establishes a discovery schedule.
Discovery is simply the legal process where both sides exchange information before trial.
From this point forward, much of the timeline depends upon everyone’s availability. The attorneys, clients, physicians, expert witnesses, and the court all have to coordinate schedules.
That is one reason these cases take time.
Discovery is where each side gathers the information necessary to prepare for trial.
This includes exchanging documents, obtaining medical records, reviewing photographs and videos, identifying witnesses, and investigating every issue that may affect the case.
Neither side wants surprises at trial.
The purpose of discovery is to make sure both parties have access to the evidence before the case reaches a jury.
Although some document exchanges happen relatively quickly, others take considerably longer. Medical providers may take weeks or months to produce records. Employers sometimes require follow-up requests for wage information. Additional treatment may also generate new records that must be exchanged.
Discovery is often an ongoing process rather than a single event.
One of the most important parts of discovery is the Examination Before Trial, commonly referred to as an EBT or deposition.
This is your opportunity to testify under oath about the accident, your injuries, your medical treatment, and how your life has changed since the crash.
The defense attorney asks questions, and a court reporter records everything that is said.
Many clients are understandably nervous before their deposition.
Fortunately, we spend plenty of time preparing beforehand so there are no surprises.
Scheduling depositions, however, can take time.
The attorneys, clients, interpreters if necessary, court reporters, and sometimes multiple defendants all need to find dates that work for everyone.
When there are several parties involved, scheduling alone can add several months to the process.
Another step that often surprises clients is the medical examination requested by the insurance company.
Although these are commonly called Independent Medical Examinations, many attorneys simply refer to them as defense medical examinations because they are arranged by the defense.
The doctor selected by the insurance company examines you and prepares a report regarding your injuries.
Whether everyone agrees with that doctor’s conclusions is another matter entirely.
Just like depositions, scheduling these examinations depends on physician availability, attorney schedules, and the court’s deadlines.
It is another necessary part of the litigation process that unfortunately adds time to the case.
Eventually, all of the required discovery is completed.
By this point, both sides have exchanged documents, completed depositions, obtained medical examinations, and gathered the evidence they intend to rely upon.
Once discovery has concluded, the case is generally certified as ready for trial.
That does not mean trial begins the following week.
It simply means the case joins the court’s trial calendar.
Currently, in both Nassau and Suffolk Counties, it is common to wait approximately six to nine months after a case is certified before receiving a trial date.
Sometimes the wait is shorter.
Sometimes it is longer.
Court calendars are affected by judicial resources, older pending cases, scheduling conflicts, and countless other factors beyond anyone’s control.
When clients ask why their case has not been tried yet, the answer is often very simple.
We are waiting our turn.
When you add together the time required for medical treatment, settlement negotiations, court conferences, discovery, depositions, medical examinations, and trial scheduling, many Long Island car accident cases take between one and two years to fully resolve.
Some complicated cases take longer.
That can certainly feel frustrating.
But there is also good news.
One thing I always tell my clients is this.
Just because we file a lawsuit does not mean we are definitely going to trial.
In fact, the overwhelming majority of my cases settle before a jury is ever selected.
Why?
Because as discovery progresses, both sides learn more about the case.
The insurance company hears your testimony during your deposition. They review all of your medical records. Their doctor examines you. They see how your injuries have affected your life, and they begin evaluating what could happen if a jury ultimately hears the evidence.
Likewise, we learn more about the defenses they intend to raise and the evidence they plan to present.
As the strengths and weaknesses of both sides become clearer, settlement discussions often become much more productive.
I’ve had cases settle after the demand package was submitted. I’ve had cases settle after depositions. I’ve had cases settle after defense medical examinations. I’ve had cases settle during mediation. I’ve had cases settle a few weeks before trial. I’ve even had cases settle after jury selection had already begun.
There is no magic point when a settlement has to happen.
It can happen almost any time.
People sometimes ask me whether I expect every case to end up before a jury.
The answer is no.
Very few actually do.
But I prepare every case as though it will.
That has always been my philosophy.
Insurance companies keep track of attorneys. They know which lawyers are willing to invest the time, prepare their cases properly, and try them if necessary. They also know which lawyers are more likely to accept an unreasonable offer simply to avoid litigation.
Those reputations matter.
When an insurance company knows you are prepared to present your case to a jury, settlement negotiations tend to become much more meaningful.
That is why we use what I call a trial-ready approach.
From the day we accept your case, we begin building it as though we may eventually present it in court.
That doesn’t mean we want a trial.
Trials are expensive. They are time consuming. They involve risk for both sides.
If we can negotiate a fair settlement beforehand, that is almost always the better outcome.
But the only way to negotiate from a position of strength is to be completely prepared if negotiations fail.
In my experience, that approach consistently gives my clients the greatest leverage.
Despite everyone’s best efforts, there are still cases that simply cannot be settled.
Sometimes the insurance company undervalues the injuries.
Sometimes there is a legitimate disagreement about liability.
Sometimes they refuse to acknowledge future medical needs or permanent limitations.
And sometimes we simply disagree about what fair compensation looks like.
When that happens, the courthouse is exactly where those disagreements should be resolved.
That is why our civil justice system exists.
A jury of ordinary people listens to the evidence, evaluates the witnesses, and decides what they believe is fair.
While trials represent only a small percentage of the cases I handle, I never hesitate to recommend one when it is in my client’s best interest.
I understand that waiting can be frustrating.
When you’ve been injured, you’re dealing with medical appointments, missed time from work, financial stress, and uncertainty about the future. Naturally, you want your case resolved as quickly as possible.
So do I.
But there is an important difference between resolving a case quickly and resolving it properly. Rushing into an early settlement before we understand the full extent of your injuries often benefits only one party, the insurance company. Taking the time to build a strong case gives us the best opportunity to recover compensation that truly reflects what you’ve been through. Every case follows its own path. Some settle within months. Others require litigation. A small number ultimately go to trial.
No attorney can honestly promise exactly how long your case will take.
What I can promise is this.
My job is to move your case forward as efficiently as possible while never sacrificing value simply to reach the finish line sooner. If that means negotiating a fair settlement, that’s what we’ll do. If that means taking your case all the way to trial, we’ll be ready for that too.
Most cases resolve within one to two years, although every case is different. The timeline depends on your medical treatment, the insurance company's willingness to negotiate, the court's schedule, and whether a lawsuit becomes necessary. Many cases settle before reaching trial.
Immediately after an accident, no one knows the full extent of your injuries. Settling too early could prevent you from recovering compensation if your condition worsens or you later require additional treatment, injections, or surgery.
Maximum Medical Improvement, often called MMI, means your doctors believe your condition has stabilized enough to evaluate your long-term recovery. It does not necessarily mean you are completely healed, only that your future medical outlook has become reasonably clear.
A settlement package typically contains the police report, witness statements, medical records, medical bills, lost wage documentation, photographs, videos, and other evidence supporting your claim. It gives the insurance company a complete picture of your injuries and damages.
A Summons and Complaint officially starts a lawsuit. The Summons notifies the defendant that legal action has been filed, while the Complaint explains how the accident occurred, why the defendant is responsible, and the damages being sought.
An Examination Before Trial, or EBT, is a deposition where you answer questions under oath about the accident, your injuries, and your medical treatment. It allows both sides to gather information before trial and is a routine part of litigation.
Scheduling requires coordinating attorneys, clients, physicians, court reporters, and sometimes multiple defendants. Busy calendars and court deadlines often make it difficult to complete these events quickly, even when everyone is cooperating.
No. Most personal injury lawsuits settle before trial. As evidence is exchanged and discovery progresses, both sides often gain a better understanding of the case, making meaningful settlement discussions much more likely.
Early settlement offers are often made before the full extent of your injuries is known. While every case is different, these offers may not fully account for future treatment, permanent injuries, or the long-term impact the accident could have on your life.
Not necessarily. A longer timeline does not automatically mean something is wrong. In many cases, additional time is spent completing treatment, gathering evidence, conducting discovery, or waiting for the court. Patience often leads to a stronger case and, ultimately, a better result.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.
