Why Serious Injury Cases Take Longer to Resolve in New York

If you or a loved one has suffered a serious injury because of someone else’s negligence, it can be frustrating to learn that your case may take several months or more to resolve. Many injury victims expect that once liability is clear, compensation should follow quickly. In New York, however, serious injury cases often move more slowly than people anticipate. That delay is not accidental. It is largely driven by how New York law evaluates serious injuries, how insurance companies defend these claims, and how courts handle key legal disputes before a case can settle.

Understanding why these cases take longer can help injured people set realistic expectations and avoid unnecessary frustration during the process. At Leandros A. Vrionedes, P.C., we understand that you are hurting and in need of compensation sooner rather than later, and we also know what a relief it is to resolve your claim once and for all. We also know how important it is to settle a case correctly for the full amount of compensation, and that takes time. If you or a loved one has been injured due to the negligence of another in Manhattan, Queens, Brooklyn, or the Bronx, or beyond New York City in Nassau or Westchester County, contact our office to share your needs and concerns with an experienced and dedicated NYC personal injury lawyer.

Serious Injury Cases Require More Proof

At the most basic level, serious injury cases take longer because more is at stake. When injuries are severe, such as permanent disabilities, traumatic brain injuries, spinal injuries, or injuries that prevent someone from working, insurance companies face the possibility of paying substantial compensation. As a result, they scrutinize these claims far more aggressively than minor injury cases.

Unlike soft-tissue claims that may resolve quickly, serious injury cases require extensive medical documentation. Doctors often need time to determine whether an injury is permanent, whether surgery will be required, or when the injured person will reach maximum medical improvement. Rushing to settle before the long-term effects of an injury are known can leave an injured person undercompensated, so experienced attorneys are careful not to resolve cases prematurely.

The Role of the “Serious Injury Threshold” in Car Accident Cases

When it comes to car accident cases, one of the biggest reasons serious injury cases take longer in New York is the state’s serious injury threshold under New York’s No-Fault Law.

New York is a no-fault state, meaning that after a motor vehicle accident, your own insurance initially pays for medical bills and lost wages, regardless of who caused the crash. However, you cannot sue the at-fault driver for pain and suffering unless your injuries meet the legal definition of a “serious injury.”

Under New York Insurance Law § 5102(d), a serious injury includes conditions such as:

• Permanent loss or significant limitation of a body function or system
• Permanent consequential limitation of use of a body organ or member
• Significant disfigurement
• Fractures
• Injuries that prevent a person from performing usual daily activities for at least 90 of the first 180 days after the accident

Insurance companies frequently argue that an injured person’s condition does not meet this threshold. This issue alone can add substantial time to a case. Because the serious injury threshold is so important, it is often litigated through pre-trial summary judgment motions. In plain terms, the defense asks the court to dismiss the case before trial, arguing that the injuries are not legally serious enough. The plaintiff, meanwhile, might ask the judge to rule that the injury does meet the threshold as a matter of law.

To fight these defense motions, the injured person must present strong medical evidence, such as MRI findings, sworn physician reports, and objective measurements showing limitations. This process takes time. Medical providers must review records, prepare affidavits, and clearly connect the injuries to the accident.

Courts then need time to review the evidence and issue a decision. This alone can add months to a case. However, there is an important strategic reality to this stage of the process: cases are far more likely to settle after the plaintiff wins a serious injury summary judgment motion. Once a judge rules that the injury meets the legal threshold, the insurance company loses one of its strongest defenses.

Ongoing Medical Treatment Affects Case Value

Serious injury cases often involve ongoing treatment, surgeries, rehabilitation, or long-term care. Until doctors can reasonably predict future medical needs, it is difficult to place an accurate value on a claim.

Insurance companies often delay settlement discussions while monitoring treatment progress. From the injured person’s perspective, this can feel like stalling. In reality, settling too early before the full extent of medical needs is known can leave victims responsible for future costs out of their own pocket.

Disputes Over Causation Are Common

Another reason serious injury cases take longer is that defendants often argue that the injuries were not caused by the accident. They may claim the condition was pre-existing, degenerative, or unrelated to the incident altogether.

This leads to additional medical reviews, independent medical examinations, and expert opinions. Resolving causation disputes takes time, but it is often necessary to secure fair compensation in high-value cases.

Litigation Strategy Can Influence Timing

In many serious injury cases, insurers are not motivated to make meaningful settlement offers until they see how the case develops in litigation. Depositions, medical examinations, and court rulings often clarify strengths and weaknesses on both sides.

Once key legal hurdles such as the serious injury threshold are resolved in the injured person’s favor, cases frequently move toward settlement. While this may feel slow, it is often part of a deliberate strategy to maximize recovery rather than accept an early, inadequate offer.

Patience Often Leads to Better Outcomes

Although delays can be frustrating, serious injury cases usually take longer because they are more complex and more valuable. Time allows injuries to fully develop, evidence to strengthen, and legal issues to be resolved in a way that puts pressure on the defense to negotiate fairly.

An experienced attorney understands when to push forward and when patience serves the client’s long-term interests.

Speak With a New York Serious Injury Lawyer

If you were seriously injured in a car accident or other incident, it is important to work with a law firm that understands how New York courts evaluate serious injury claims and how insurance companies defend them.

Leandros A. Vrionedes, P.C., represents injured clients throughout New York City and has extensive experience handling serious injury cases, including those involving the no-fault serious injury threshold. We know how to build strong medical proof, fight summary judgment motions, and position cases for meaningful settlements.

If you have questions about your injury or the timeline of your case, contact Leandros A. Vrionedes, P.C., for a free consultation. We are happy to explain your rights and help you understand what to expect as your case moves forward.