- Punitive Damages (In Some Cases)
How Long Does a Pedestrian Accident Claim Take to Settle?
If you’ve been injured in a pedestrian accident, you may be wondering how long it will take to settle your claim and receive compensation. While some cases are resolved in a matter of months, others can take a year or longer, depending on the complexity of the accident, the severity of injuries, and whether the insurance company disputes liability. Understanding the factors that influence settlement timelines can help you navigate the process more effectively and ensure you receive the full compensation you deserve.
Factors That Affect Settlement Time
Every pedestrian accident claim is different, and multiple factors determine how long the settlement process will take. Some of the most important factors include:
1. Severity of Injuries and Medical Treatment
The extent of your injuries plays a major role in how long it takes to settle a claim. If you suffered minor injuries that require minimal treatment, your case may settle within a few months. However, if your injuries are severe and require surgery, rehabilitation, or long-term care, your attorney may wait until you reach maximum medical improvement (MMI) before negotiating a settlement. This ensures that all future medical costs are considered and you receive full compensation.
2. Determining Liability
In some cases, fault in a pedestrian accident is clear, and the at-fault party’s insurance company will accept responsibility without delay. However, if liability is disputed—especially in cases where the pedestrian may share some fault—settlement negotiations can take longer. Insurance companies may conduct investigations, review surveillance footage, interview witnesses, and even hire accident reconstruction experts to determine liability.
3. Insurance Company Tactics
Insurance companies are known for using delay tactics to minimize payouts. They may take their time reviewing claims, request excessive documentation, or offer a lowball settlement in hopes that you’ll accept less than what you deserve. If an insurance company is uncooperative, having a skilled attorney handle your case can help speed up negotiations and put pressure on the insurer to settle fairly.
4. Need for Litigation
If the insurance company refuses to offer a fair settlement, your attorney may recommend filing a lawsuit. While most pedestrian accident claims are resolved through settlement negotiations, some cases go to court when liability is disputed or when the insurance company refuses to offer adequate compensation. Litigation can extend the timeline significantly, as court proceedings can take months or even years to resolve.
Typical Timeline for a Pedestrian Accident Settlement
While each case is unique, the general timeline for a pedestrian accident claim includes the following stages:
- Initial Investigation (Weeks to Months)
- Medical Treatment and Documentation (Several Months to a Year)
- Completing medical treatments to determine total costs.
- Obtaining a prognosis for long-term or permanent injuries.
- Settlement Negotiations (Months to Over a Year)
- Filing a Lawsuit (If Necessary) – 1+ Years
How to Speed Up Your Pedestrian Accident Settlement
While some delays are unavoidable, there are steps you can take to help resolve your case more efficiently:
1. Seek Immediate Medical Attention
Prompt medical treatment not only ensures your well-being but also provides documentation of your injuries, which is crucial for your claim.
2. Collect Strong Evidence
The more evidence you have—such as photos of the scene, witness statements, and police reports—the easier it will be to prove liability and expedite your settlement.
3. Avoid Accepting the First Offer
Insurance companies often make lowball settlement offers early in the process, hoping that you’ll accept less than what you’re entitled to. A personal injury attorney can negotiate for a higher settlement that fully covers your losses.
4. Work with an Experienced Pedestrian Accident Attorney
An attorney can handle communications with the insurance company, negotiate on your behalf, and take legal action if necessary. Having legal representation can significantly speed up the claims process while ensuring you don’t settle for less than you deserve.
Compensation Available in a Pedestrian Accident Claim
Pedestrian accident victims may be entitled to several types of damages, including:
Economic Damages
- Medical Expenses: Covers hospital bills, surgeries, rehabilitation, and ongoing care.
- Lost Wages: Compensation for missed work and reduced earning capacity due to injuries.
- Property Damage: Reimbursement for damaged belongings, such as phones or personal items.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain and emotional trauma.
- Loss of Enjoyment of Life: If injuries prevent you from engaging in daily activities or hobbies.
- Emotional Distress: Covers anxiety, depression, or PTSD resulting from the accident.
Punitive Damages (In Some Cases)
If the at-fault driver was reckless—such as driving under the influence or speeding through a school zone—the court may award punitive damages to punish their behavior and prevent similar accidents.
How 770GoodLaw Can Help
At 770GoodLaw, we understand how frustrating and stressful the settlement process can be after a pedestrian accident. Our attorneys are committed to helping victims recover full compensation as quickly as possible. We will handle all negotiations, gather the necessary evidence, and take legal action if the insurance company refuses to offer a fair settlement.
If you or a loved one has been injured in a pedestrian accident, don’t wait. Contact 770GoodLaw today for a free consultation, and let us fight for the compensation you deserve.
