Imagine crossing the street in a crosswalk. Suddenly, a car doesn’t stop and slams into you. You end up with severe injuries and medical bills and can’t work for months. You are likely entitled to compensation for your injuries and other losses. How long will a pedestrian accident claim take to settle? You need money to pay for your medical expenses and regular bills immediately.
The time it takes to settle a pedestrian accident claim depends on many factors described below. If you suffered an injury recently and don’t have legal representation, talk to a pedestrian accident attorney.
An experienced pedestrian accident attorney can often get you the compensation you deserve. They have the resources and experience to handle the insurance process and seek a full settlement.
Attempting to settle a pedestrian accident claim without an attorney will likely lead to less money than you need to cover your losses and for future financial support.
How Are Pedestrians Injured In Traffic Accidents?
About 18 pedestrians die in U.S. traffic accidents every day, and many more suffer life-changing injuries. Most pedestrian accidents happen when one passenger vehicle hits a pedestrian with the front of the vehicle. Pedestrians struck by large trucks or buses are often hit on the side or rear of the motor vehicle.
Vehicle speed is a critical factor in how severe pedestrian injuries are. The force of the crash can slam you into the ground or throw you over the top of the car. Severe torso, leg, and head trauma are common.
Head trauma may mean brain damage and permanent mental and physical impairment. Spine trauma can cause paralysis. Broken bones and internal injuries can happen from the vehicle impact or secondary impact with the ground.
Factors That Affect Your Pedestrian Accident Settlement Timeline
Many personal injury claims take longer to resolve than we like. A pedestrian accident case often involves severe injuries, and understandably, you want money as soon as possible. The following factors will affect how long the pedestrian accident settlement process takes:
Severity Of Injuries
The most significant variable in a pedestrian accident claim’s timeline is the severity of injuries. If you have several broken bones and head trauma, the case value will be higher, and the medical treatments will be more complicated. When much money is on the line, a personal injury claim takes longer to settle.
More injuries and treatments mean more doctors and experts. The higher case value means the insurance company may also dedicate more resources to fighting the claim.
How Long Your Medical Treatments Are
Getting the maximum value for your pedestrian accident case means reaching maximum medical improvement (MMI).
MMI doesn’t necessarily mean you are the same as before the accident. It means your physical condition is as good as it will get after all treatments. MMI might occur several months after you have surgery and physical therapy. It also means you are no longer being actively treated for your injuries or simply having occasional follow-up appointments.
Reaching MMI gives you and the insurance company a complete picture of your physical limitations in the near term and the future. It is not merely the injury that determines your claim’s value but the physical limitations and symptoms you have.
Waiting for you to reach maximum medical improvement can be frustrating. However, settling before you understand your prognosis is a mistake. You should understand your future medical needs before settling.
Gathering Evidence
After you complete your pedestrian accident treatments, you must collect the bills, records, and documents to show the cost of your treatments. You also must provide evidence of your physical limitations and symptoms.
As the injured party, you have the burden of proof that the other party caused your injuries. The injuries also must be related to the accident, and you have limitations and symptoms. The insurance company will not take your word for it; they want to pay as little as possible.
Some evidence you will use to prove your pedestrian accident injuries includes:
- Medical records
- Statements from your doctors
- Lost income information from your employer
Sometimes, collecting medical records and other documents can take longer than we like. Your attorney’s legal staff will work hard at gathering all necessary documentation for insurance settlement negotiations.
Settlement Negotiations And Litigation
Once all information is collected to make a settlement demand by letter, you must give the liable insurance company time to respond. It must review the various bills and records related to the pedestrian accident case. This time allows them to decide on liability and determine what they will offer.
How long this process takes depends on the severity of injuries, length of medical treatments, and whether fault is contested. For example, a pedestrian crash in a crosswalk where you had the right of way may only take a month for the insurance company to review. An accident where you crossed the road without a crosswalk could take two or three months to decide.
The insurance company may also request more information, such as your previous medical record or other information, to decide on the case. Your attorney can decide if the requests for more details are legitimate or a stalling tactic. If the insurance company is stalling, your attorney will point it out and may demand even more money to compensate you.
Most pedestrian accident claims are handled in settlement talks. Taking the case to court is usually not to either side’s advantage.
Litigation is expensive and takes even more time. There is also uncertainty regarding the jury’s decision for both sides. You can end up with nothing; the defendant can pay much more than in a settlement.
However, going to court is sometimes necessary if the insurance company won’t offer a fair settlement. Expect the case to take a few months longer if the matter must go to court.
Negotiation Skills
Effective insurance negotiations are essential to settling a claim fairly and quickly. Both sides have their views and must give some for a quicker settlement. Both sides aim to get the most they can and give up the minimum possible.
Good negotiators know how insurance companies work and can quickly negotiate for the most money. Your attorney is skilled in pedestrian accident claims and insurance negotiations so that they can reach a fair settlement in a reasonable time.
It helps if your lawyer has a fierce jury trial reputation because the insurance company knows they can lose a lot if the case goes to court.
Ensure you hire a pedestrian accident attorney equally skilled in insurance settlement negotiations and litigation. Your attorney will do their best to negotiate a fair settlement, but sometimes, going to court and fighting it out in front of a jury is required.
Paying Medical And Legal Fees
Suppose you have finished your pedestrian accident treatments, and your attorney has made a settlement agreement with the insurance company. You still haven’t received your check, though. Why?
It can take a week or two for the insurance company to write a check or send payment electronically. The money is first sent to your pedestrian accident lawyer’s office.
Your attorney will deduct legal fees, expenses, and any medical expenses still owed. You may have medical liens set up with your medical care providers and health insurance that ensure they are compensated at the end of the case from your settlement. This process can add a week or two to your receiving your funds.
Once the settlement is agreed to and the paperwork signed, your attorney can estimate how long it will take to receive your money.
Do You Need a Pedestrian Accident Lawyer?
Having a pedestrian accident attorney represent you is a good idea. Your attorney knows how to maximize the settlement and avoid critical errors that can affect your settlement.
For instance, if you were hit in a crosswalk and injured, the driver’s insurance company may want to record your statement about the accident. The goal is to have you say something to damage your claim, such as blaming yourself for the accident.
Your attorney will handle the insurance company so you don’t say anything to hurt your settlement. Your attorney will also prevent you from accepting a small settlement that is only a fraction of what you deserve. Your lawyer knows what your case is worth and will demand fair compensation from the at-fault party.
What if You Weren’t Hit in a Crosswalk?
Many pedestrians think they cannot receive compensation in a lawsuit if they are not in a crosswalk and are hit. That isn’t necessarily true. Generally, pedestrians are supposed to use crosswalks, but drivers still must yield to pedestrians.
Regardless of what you think about who was at fault, talk to a pedestrian accident lawyer about your case. You still may receive compensation in the claim, even if you were not in a crosswalk at the time of the accident. Your attorney will review the circumstances of the accident and determine if the driver is still liable for your injuries.
How to Obtain Maximum Compensation in a Pedestrian Accident Claim
You are probably seriously injured after a car hit you. Logically, you want to maximize your compensation.
How?
Your attorney will do their best to get you the most money, but to help, you can:
- Obtain medical treatments promptly: Get fast medical treatment after you have suffered an injury in a pedestrian accident. This is important to ensure the best for your health. Also, any delay in your medical treatments will cause the insurance company to question your injuries. Waiting even a day or two to visit the doctor can lead to complications during the claims process.
- Attend your follow-up appointments: You can’t argue you’re seriously injured if you don’t go to your appointments or follow your treatment plan. Ensure that you make every appointment and reschedule any that you miss immediately. The insurance company will check that you are following your treatment plan.
- Wait for the police to arrive: You should always wait for the police to come after a pedestrian accident. You can have severe injuries and not know it at first, so you want to have the police take a report of the incident. If the driver leaves the scene, get a vehicle description and plate number, if possible.
- Don’t talk to anyone about your case: If the pedestrian accident claim is ongoing, only discuss it with your lawyer and immediate family. You shouldn’t mention anything about it on social media or anywhere else. You can say something that affects your claim. The insurance company may check if you post anything on social media that makes you appear uninjured. It’s better not to post anything on social media until the case is finalized.
- Get back to your attorney: Your attorney will work hard on your case and handle most of the work. However, they may need to get information from you about the accident or your injuries. Get back to your pedestrian accident attorney promptly with any required information.
- Obtain accident evidence if you can: After the accident, take photos and videos of the scene. It can help your attorney determine the vehicles’ position before the police move them. Also, take pictures of your injuries and write down the contact information of eyewitnesses.
Speak to a Pedestrian Accident Attorney Today
Were you seriously injured in a pedestrian accident? Pedestrian accident injuries are often devastating, and the liable party should pay for your injuries and losses.
Speak to a personal injury attorney in a free consultation today. Find out if you have a strong case and deserve compensation for your medical bills, lost income, and pain and suffering.
Remember that your attorney only receives a contingency fee if they obtain compensation for you in a claim or lawsuit. You are not responsible for upfront legal fees. You risk nothing by seeking a free consultation and hiring a pedestrian accident lawyer to begin protecting your rights.
