Will I Get a Quick Settlement in My Personal Injury Case in New York?

When you're injured because of someone else's negligence—whether in a car accident, on a construction site, or due to medical malpractice—you're likely left with a whirlwind of emotions, medical bills, and serious questions about your future. One of the most common questions we hear from new clients is: “Will I get a quick settlement in my personal injury case?”

It’s a fair question. You’re probably counting on compensation to cover medical bills, lost wages, and other expenses. And while some personal injury cases in New York do resolve quickly, the truth is that every case is different, and the timeline for settlement depends on a variety of factors.

In this blog post, we’ll walk you through the variables that affect how quickly (or slowly) a case may settle, the difference between a fair settlement and a fast one, and what you can do to help move the process forward without sacrificing your right to full and fair compensation.

What Do We Mean by “Quick” Settlement?

A “quick” settlement is a relative term. In the context of New York personal injury cases, it generally means resolving the case within a few months of the injury occurring. That can happen, especially in cases where liability is clear, injuries are well-documented, and the at-fault party’s insurance company is motivated to close the case early.

But in many cases, especially those involving serious injuries, contested liability, or complex legal issues, it’s not unusual for a case to take one to three years to resolve—and even longer if it goes to trial.

The key takeaway? A quick settlement is possible, but it’s not always in your best interest.

What Factors Affect the Timeline of a Personal Injury Settlement in New York?

Several factors influence how quickly your case may settle. Understanding these can help set realistic expectations and guide your decision-making as your case progresses.

1. Liability: Is Fault Clear or Disputed?

If the other party admits fault—or their liability is supported by strong evidence such as surveillance video, eyewitness testimony, or police reports—your case may be on a fast track to settlement. For example:

• A rear-end collision where the other driver was texting and driving

• A construction site accident where OSHA violations are documented

• A nursing home neglect case supported by strong photographic and medical evidence

However, if liability is contested, the insurance company may delay settlement or deny the claim altogether, requiring litigation or even a trial to resolve who was at fault.

2. Severity of Injuries and Course of Medical Treatment

Injury severity plays a huge role in both the value of your case and the timeline to resolution. Insurance companies typically do not want to settle until:

• You have completed your course of treatment; or

• Your doctors can determine the long-term impact of your injuries (also called “maximum medical improvement” or MMI)

Why? Because settling too early could lead to a claim being undervalued. If you agree to a settlement and later discover you need surgery, you can’t go back and ask for more.

In more minor injury cases, MMI may be reached quickly. But in catastrophic injury cases—such as traumatic brain injuries, paralysis, or wrongful death—medical evaluations and treatment can span many months or years.

3. The Insurance Company’s Willingness to Negotiate

Some insurance companies make lowball offers right away, hoping you’ll take a quick check and walk away. Others take a more aggressive stance and refuse to settle until a lawsuit is filed or discovery is underway. Your attorney’s experience and reputation can significantly influence how seriously an insurer takes your claim.

At Leitner Warywoda, we’ve earned a reputation for taking tough cases to trial—and winning. That sends a strong message to insurance companies: if they don’t offer a fair settlement, we’re fully prepared to litigate.

4. Whether a Lawsuit Needs to Be Filed

While many personal injury claims settle before a lawsuit is filed, others need to go through the court process to reach a fair resolution. Filing a lawsuit doesn’t mean your case will go to trial—many lawsuits settle during discovery or mediation—but litigation can extend the timeline by several months or years.

In New York, the court process involves:

• Filing a Summons and Complaint

• Answer and discovery demands

• Exchanging documents and conducting depositions

• Potential motions (such as summary judgment)

• Court conferences, mediation, or settlement conferences

• Trial (if the case doesn’t resolve)

Each of these steps takes time, especially in busy courts like those in New York City, Long Island, or Westchester County.

5. Whether You’re Willing to Settle Early for Less

Here’s a harsh truth: if you're willing to accept less than your case is worth, you can almost always settle quickly. But that comes with serious consequences.

We’ve seen too many cases where injured people accepted early offers—only to discover later that their injuries were worse than they realized or that they couldn't work for as long as they expected. Once you accept a settlement and sign a release, it’s final. There’s no going back.

A good attorney will help you weigh the pros and cons of early settlement—and ensure you don’t leave money on the table.

Can I Speed Up My Personal Injury Case?

While you can’t control every factor in your case, there are steps you can take to help move things along:

1. Seek Medical Treatment Promptly and Follow Doctor’s Orders

Delays in treatment or gaps in care can raise red flags for insurance companies. Be consistent in attending appointments, and keep a clear record of your symptoms, diagnoses, and limitations.

2. Communicate Clearly with Your Attorney

Provide all necessary documents, respond to your attorney’s requests promptly, and be honest about your medical history and the impact of the injury on your life.

3. Avoid Social Media Pitfalls

Insurance companies monitor social media. A single post—showing you on vacation, lifting something heavy, or minimizing your pain—can be used to dispute your injuries and delay or reduce a settlement.

4. Work with an Experienced Trial Attorney

An attorney with a track record of trial success—like the team at Leitner Warywoda—will be better equipped to push your case forward and push back against lowball offers.

What Are the Risks of Settling Too Quickly?

Settling too soon may feel like a relief, but it can come with serious long-term consequences:

• Uncovered medical expenses: You may discover you need additional surgeries, physical therapy, or long-term care—but your case is already closed.

• Loss of income: If your injury affects your future earning ability, a fast settlement may not account for long-term lost wages or reduced earning capacity.

• No recourse: Once you sign a settlement release, you generally cannot reopen your claim, even if your condition worsens.

That’s why it’s so important to consult with a personal injury attorney before accepting any offer—no matter how generous it seems on the surface.

Realistic Settlement Timelines in New York Personal Injury Cases

While every case is unique, here’s a general idea of how long different types of personal injury cases may take to resolve:

Type of Case	Average Time to Settle (if no trial)
Minor car accident	3 to 9 months
Moderate injury (e.g. fractures)	6 to 18 months
Serious injury/catastrophic loss	1.5 to 3 years or more
Medical malpractice	2 to 4 years
Nursing home neglect	1 to 3 years
Construction accident	1.5 to 3 years

Of course, these are averages. Some cases resolve quickly through aggressive negotiation or favorable evidence. Others require expert testimony, depositions, or appeals.

Hypothetical Example: A Tale of Two Settlements

Scenario A: Quick Settlement, Poor Outcome

James, a 35-year-old warehouse worker, injures his back in a slip-and-fall at a loading dock. The insurance company offers him $20,000 two months after the incident. He accepts it, needing the money. Months later, an MRI reveals a herniated disc requiring surgery and six months off work.

By then, it’s too late. He waived his right to further compensation when he signed the settlement release.

Scenario B: Strategic Patience, Strong Recovery

Maria, a 50-year-old home health aide, is injured in a pedestrian knockdown. Her attorney from Leitner Warywoda advises her to wait until her doctors fully assess her injuries. After a year of treatment, she’s diagnosed with chronic pain and limited mobility.

Her attorneys file a lawsuit, conduct discovery, and prepare the case for trial. Ultimately, the insurance company agrees to settle for $850,000—covering her medical bills, lost wages, and pain and suffering.

The difference? Maria waited, trusted her legal team, and received the compensation she deserved.

Final Thoughts: Fast Isn’t Always Fair

It’s understandable to want a fast resolution to your case. You’re in pain, you have bills to pay, and you want to move on with your life. But when it comes to personal injury claims in New York, rushing toward settlement can do more harm than good.

Instead of asking “How quickly can I settle?” consider asking:

• “What is my case truly worth?”

• “What do I need to move forward with my life?”

• “Is this settlement enough to cover the long-term impact of my injuries?”

At Leitner Warywoda, we don’t chase quick settlements—we fight for fair ones. Our mission is to maximize your recovery and protect your rights, whether that means resolving your case in three months or going to trial in three years.

Injured in New York? Let’s Talk.

If you or a loved one has been injured due to negligence, don’t settle for less. Contact Leitner Warywoda PLLC today for a free, no-obligation consultation. We’ll evaluate your case, explain your legal options, and guide you every step of the way.

Call us at (212) 671-1110 or visit nylawinjury.com to get started.