If you or a loved one has suffered an injury in a pedestrian accident, you are likely wondering how long it will take to receive compensation for your injuries and other losses.
The truth is, there is no one-size-fits-all answer to this question. The time it takes to settle a pedestrian accident claim can vary widely from case to case, depending on several factors.
To get a better idea of how long your claim might take, discuss your situation with a pedestrian accident lawyer in Tupelo.
Factors That Affect the Settlement Timeline
No two pedestrian accident claims are exactly alike. The specific circumstances of your case will dictate how long it takes to settle.
Here are some of the most important factors that can influence the timeline:
The Severity of Your Injuries
In general, claims involving more severe injuries tend to take longer to settle than those with minor injuries. There are a few reasons for this.
Severe injuries often require ongoing medical treatment. Wait until you have reached maximum medical improvement (MMI) before settling your claim. This means you have recovered as fully as possible, and any remaining impairments will likely be permanent. Reaching MMI can take months or even years in cases of catastrophic injury.
Claims involving serious injuries are more valuable than those with minor injuries. Insurance companies are often more resistant to paying out large settlements, which can lead to prolonged negotiations.
In cases of severe injury, it may be necessary to file a lawsuit to obtain full and fair compensation. Taking a case to trial can extend the timeline significantly.
Liability Disputes
To obtain a settlement, it must be clear that another party was at fault for the accident that caused your injuries. If the other party denies responsibility or tries to shift blame onto you, it can slow down the settlement process.
Your pedestrian accident lawyer may need to conduct an in-depth investigation, gather evidence, interview witnesses, and consult expert witnesses to build a strong case and convince the insurance company to accept liability.
Insurance Company Cooperation
The cooperation, or lack thereof, of the insurance company can greatly impact how long it takes to settle your claim.
Unfortunately, it’s common for insurance companies to engage in tactics to minimize payouts and drag out the settlement process. They may deny liability, lowball settlement offers, request unnecessary information, or fail to respond promptly to your pedestrian accident attorney’s demands.
If the insurance company refuses to make a fair settlement offer, it may be necessary to file a lawsuit and potentially go to trial to pursue the compensation you deserve. Litigation can add months or even years to the timeline.
The Complexity of Your Case
More complex pedestrian accident claims typically take longer to settle than straightforward cases.
Factors that can complicate a case include:
- Multiple liable parties: For instance, if a commercial vehicle struck you, you might have a claim against the driver and their employer.
- Pre-existing injuries: Exacerbating pre-existing health conditions by accident can make it challenging to determine the portion of your injuries and medical expenses that should receive compensation.
- Lack of evidence: If there is limited evidence to support your claim, such as no eyewitnesses or surveillance footage, it can be more difficult to prove liability and may delay settlement.
Your Pedestrian Accident Lawyer’s Experience
The skill and experience level of the attorney you hire can also impact the efficiency of resolving your case.
Attorneys who focus on pedestrian accident claims and have a track record of success will generally move a case along more quickly than an inexperienced lawyer.
Additionally, insurance companies note that attorneys have a reputation for taking cases to trial and are more likely to offer a fair settlement to avoid litigation against those lawyers.
The Pedestrian Accident Settlement Process
To understand the settlement timeline, it’s helpful to have an overview of the basic process for pedestrian accident claims.
Here is a general outline, although the exact steps can vary:
Seek Medical Treatment
The priority after any pedestrian accident is to get the medical care you need. Even if you think your injuries are minor, getting checked out is important, as some serious conditions may not present symptoms immediately. Follow your doctor’s treatment plan closely and attend all follow-up appointments.
Hire a Pedestrian Accident Attorney
Pedestrian accident claims can be complicated, and working with an experienced injury attorney is in your best interest. Your pedestrian accident lawyer will handle all communication with the insurance company and advocate for your rights. Ideally, you should contact an attorney as soon as possible after the accident.
Investigation
Your attorney will investigate the accident to gather evidence of liability and the extent of your damages.
This typically involves:
- Obtaining a police report, if one exists
- Interviewing eyewitnesses
- Reviewing photos and surveillance footage of the accident scene
- Analyzing your medical records
- Consulting with accident reconstruction specialists and other professionals
- Calculating your current and future damages
Demand Letter
Once your attorney has built a strong case, they will send a demand letter to the at-fault party’s insurance company. The demand letter outlines the facts of the case, establishes the other party’s liability, provides evidence of your damages, and demands a specific settlement amount.
Negotiations
After the insurance company receives the demand letter, they will typically make an initial settlement offer. This first offer is usually very low and far less than you deserve. Your attorney will negotiate with the insurance adjuster, presenting evidence and arguments to convince them to increase the offer.
Negotiations can involve a lot of back-and-forth and may take weeks or months to result in an agreeable settlement.
Lawsuit
If negotiations do not offer a fair settlement, your attorney may recommend filing a lawsuit. This begins the litigation process, which involves additional stages like the discovery phase, mediation, and potentially a trial. However, remember that most cases still settle before trial.
Settlement or Award
If negotiations or mediation result in a settlement, you’ll sign a release of liability in exchange for the agreed-upon payment. The settlement will pay your attorney’s fees and any liens (e.g., from medical providers), and you will receive the remaining funds.
If your case proceeds to a trial, a judge or jury will hear arguments from both sides and determine whether the defendant is liable. If liability is determined, the judge or jury will also decide the compensation you deserve.
Tips for a Faster Settlement
While much of the settlement timeline is outside of your control, there are a few things you can do to help your case progress as efficiently as possible:
Get Prompt Medical Treatment
One of the most important things you can do after a pedestrian accident is to seek medical attention as soon as possible, even if you don’t think you’ve suffered a severe injury.
Some injuries, like concussions, may not present obvious symptoms right away. Prompt diagnosis and treatment can protect your health and provide valuable evidence for your claim.
Follow your doctor’s orders for treatment, medications, and follow-up appointments. If you skip appointments or fail to comply with your treatment plan, the insurance company may argue that your injuries are not as severe as you claim or have failed to mitigate your damages.
Keep track of all medical expenses related to the accident, including hospital bills, doctor’s visits, prescriptions, medical equipment, and transportation to appointments. This documentation will be essential in proving your damages.
Contact a Pedestrian Accident Lawyer
You should contact a pedestrian accident attorney as soon as possible after the collision. Lawyers represent injury victims, who typically recover significantly more in compensation than those who try to handle their claims independently.
An experienced attorney can:
- Ensure you meet all legal deadlines for filing your claim
- Handle all communication with the insurance companies on your behalf
- Investigate the accident and gather extensive evidence to build your case
- Work with professionals to strengthen your claim
- Accurately assess the full value of your damages
- Negotiate aggressively for a fair settlement
- Take your case to trial if the insurance company refuses to make a reasonable offer
Look for an attorney with specific experience with pedestrian accident claims and a proven track record of success. Most injury lawyers offer free initial consultations and work on a contingency fee basis, which means they only get paid if they recover money for you.
Once you hire an attorney, promptly respond to their calls and emails, provide any requested documentation, and inform them of any new developments in your medical treatment.
Don’t Give a Recorded Statement
After the accident, an at-fault party’s insurance company representative may contact you and ask you to provide a recorded statement about what happened. I do not agree with this request without first speaking to your attorney.
Insurance adjusters ask questions in a way that can damage your claim. They may attempt to get you to admit fault, downplay your injuries, or make other statements that can harm you later.
Your attorney can advise you on communicating with the insurance company and will handle these interactions on your behalf.
If an insurance representative contacts you before you have legal representation, politely decline to provide a statement and inform them that further communication should be through your attorney once you have hired one.
Stay Off Social Media
In today’s digital age, insurance companies and defense attorneys routinely monitor injury claimants’ social media accounts to find information that can undermine their cases. Even a seemingly innocent post about your daily activities or physical capabilities can suggest that your injuries are less severe than you claim.
For example, suppose you post a photo of yourself on a hike or at a social event. In that case, the insurance company may claim that you are exaggerating your pain and physical limitations. Similarly, if you share any information about the accident or your injuries, your statements may work against you.
To protect yourself:
- Avoid posting anything on social media until your case concludes.
- If you cannot resist the temptation entirely, update your privacy settings so only trusted friends and family can see your posts.
- Never accept friend requests from people you don’t know.
Additionally, ask your friends and family members not to post any information or photos of you without your permission. Your attorney can advise you on handling your social media accounts during the claims process.
Don’t Rush to Settle
When you’re facing mounting medical bills and time away from work, it can be tempting to accept the first settlement offer from the insurance company to get money in your pocket as quickly as possible. However, in many cases, the initial offers are far lower than what your claim is truly worth.
Remember that once you accept a settlement, you will be required to sign a release that prevents you from seeking any additional compensation for the accident in the future. If you discover additional injuries or your condition worsens over time, you cannot obtain more money.
Work closely with your attorney to fully assess your damages, including future anticipated medical expenses and lost income. Your lawyer can advise you on your case’s strength and the potential compensation range you can recover.
Sometimes, it may be worth holding out for a higher settlement offer, even if the process takes longer. Your attorney can negotiate with the insurance company and advise when an offer is fair and reasonable.
Of course, every case is unique, and there may be situations where accepting a quicker settlement is in your best interests. Your attorney can weigh the pros and cons and decide based on your circumstances.
Hiring a Pedestrian Accident Attorney
One of the best ways to ensure a smooth and efficient settlement process is to work with a skilled pedestrian accident attorney. An experienced lawyer can accurately value your claim, negotiate effectively with the insurance company, and keep your case on track.
If you have suffered an injury in a pedestrian accident, don’t wait longer to contact a reputable personal injury law firm for a consultation. An injury attorney can review the details of your case, advise you of your legal options, and fight for the full and fair compensation you deserve.
