Trial date for Personal Injury Lawsuit?

I can't give you an answer for NY but I can tell you generally that it takes at least a year to get a civil lawsuit to trial. First you have the complaint summons and responsive papers to deal with. Then you enter a discovery phase which may involve depositions but also written questions and documents. In most states the copurts will not set the case for trial until both sides are ready.

Beyond that, you must understand that all criminal trials will be scheduled before your trial, even trials for crimes that occurred after your civil suit was filed. Civil suits get the courtrooms that are not taken up with criminal trials. 2-3 waits for a court room are not uncommon in many jurisdictions.

I practice in two states, neither of which is New York. However:

Each court marches to the beat of its own drummer. If you have an attorney you should ask for an appointment and go in and have a cool calm discussion regarding scheduling. Many courts issue what is called a scheduling order or tracking order depending on the court. These are generally not firm and definite dates, but guidelines for disposition.

If you do not have an attorney, then go in to the court clerk's office. Ask to speak to a civil clerk and ask them generally how long cases of your type take, and then ask, with regard to your specific case, what track you are on and when you can expect a trial date.

Two different cases can take two different periods of time from filing to trial, in the same court, based on a number of factors, one of which can be whether various motions are brought.

Finally do NOT rush the case to trial unless you are fully prepared. Are all of the witnesses ready and available? Is all of your evidence ready? In an injury case, medical records and bills will only be accepted as evidence by the court if certain evidentiary rules and statutes have been complied with. Do you have a medical expert ready and has the other side been placed on notice? These are only a few considerations that are vital prior to rushing to scheduling a trial.

Best wishes with it.

This answer is provided for informational purposes only. Legal advice can only be given by an attorney licensed in your jurisdiction, experienced in the area of your matter, in an office consultation.

Contact your lawyer and ask him or her when the Note of Issue must be filed per the Preliminary Conference Order. This is usually a guideline and not an exact date since adjournments occur for a variety of reasons.

Generally, after all of the depositions (NY calls them EBT's) are taken, the Plaintiff must attend a defense Independent Medical Examination. Once all discovery is completed a Certification Conference is held in the Courthouse and the attorneys sign off on a legal document stating that the case is certified ready for trial. The Plaintiff then has a certain period of time to file what is called a Note of Issue, which is the legal document filed in the court requesting that your case be formally put on the trial calendar.

New York state has what is referred to as Standards and Goals. The dates for trial scheduling have decreased dramatically downstate as a result. I'm not sure where you are located, so the best thing to do is to stay on top of your attorney and keep asking questions. You have the right to do so.

Best of luck.