Even if you’re an extremely careful pedestrian, a car may hit you while crossing the street. When dealing with serious injuries, mounting expenses, and an inability to work, you’ll probably wonder, “How long does it take to settle a pedestrian accident?”
There’s no one-size-fits-all answer to this question. The circumstances of your accident, your medical condition, available evidence, and the settlement negotiation process may all determine the duration of your case.
Influencing Factors: How Soon Does a Pedestrian Accident Settle?
Some pedestrian accident claims will settle within months, while others may take years to resolve. An experienced lawyer can usually give you an approximate timeframe for your case, but it’s still only an estimate. The following elements will influence how soon your claim settles.
1. The Complexity of Your Accident
Your pedestrian accident case may take longer if liability isn’t clear-cut. For example, what if the driver who hit you lost control of their car because of another driver’s actions? What if you stumbled onto the road because of a crumbling sidewalk?
In some situations, two or more parties may share liability. You may need an accident reconstructionist to demonstrate exactly what happened during your pedestrian accident.
2. Available Evidence
Settling a claim is easier when you have plenty of solid evidence. The police report, photos of the accident scene, traffic camera footage, witness statements, and medical records play an important role in settling a pedestrian accident claim.
You’ll also need to show how the injury influenced your life — for instance, by providing records of ongoing treatment and missed days at work.
3. The Length of Your Recovery
You may ask, “How long does it take to settle a pedestrian accident?” as soon as your medical bills pile up. However, your attorney will probably advise you to wait for your maximum medical improvement (MMI) before filing a claim.
Why wait? Before your lawyer drafts the demand letter, they’ll need to evaluate the worth of your case. It’s much harder to do this while your recovery prospects are uncertain. Once your condition stabilizes, it will be clearer how much care you may need in the future and whether you’ll be able to work. Then, your lawyer can calculate your losses more accurately.
4. The Settlement Negotiation Process
Communicating with the at-fault party’s insurance company usually involves some back-and-forth negotiations. After your attorney makes an offer, they may make a much lower counteroffer or ask for additional evidence. In most cases, both sides will reach a reasonable compromise.
However, the insurer may deny your claim outright, or their final offer may be so low that it hardly begins to cover your losses. Your lawyer may then suggest going to court. Litigated cases almost always take longer than standard insurance claims, especially in the rare instances where a case proceeds to trial.
5. Repaying Bills Post-Settlement
Medical and insurance providers may demand repayment of their deferred healthcare bills until your case settles. If there’s a lien on your claim, you must repay it before you access the remainder of your settlement.
Tabor Law Firm: Advocating for Injured Pedestrians Across Indiana
You may still ask, “How long does it take to settle a pedestrian accident?” While it’s hard to predict precisely how long each case will take, Tabor Law Firm will stand by your side until your claim’s resolution. Our skilled pedestrian accident lawyers will work hard to negotiate an appropriate settlement on your behalf as quickly and efficiently as possible.
Call (317) 236-9000 or complete our online form to schedule a free consultation.
