Non-complicated injuries and clear liability make pedestrian accident cases easy to settle. They are often settled within months (approximately 6 to 12 months) after the victim’s treatment is complete. Cases with complex injuries that are severe or require surgery can take longer, often up to 16 months, after the completion of medical treatment.
If a vehicle hits you when you are crossing the street legally, you can hold the driver negligent. However, filing a claim will not lead to immediate financial compensation—various factors influence the duration of receiving a check after the accident.
The time required for your treatment, collecting the evidence, insurance coverage and the insurance company’s negotiation approach, whether litigation or trial is necessary, and negotiating your medical liens and bills are a few factors that will determine how long it takes to fulfill your claim.
However, the first step after an accident is to seek immediate medical care, call the police, and gather evidence to help establish liability and document the injuries. These steps can prevent disputes that would otherwise delay a case.
Prompt medical treatment documents a record of damages, which prevents the insurance companies from obstructing your claim. Hiring an accident attorney will allow you to understand what you can do after being hit by a vehicle, increasing your chances of a faster, larger settlement.
Pedestrian Accident Settlement Timeline
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Filing a Claim
If you were walking and were hit by a car, you can file a claim for compensation with the at-fault party’s insurance company. Remember, a pedestrian accident claim and a lawsuit are two different things. You submit a claim to an insurance company but file a lawsuit in court (if necessary).
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Investigation
Both parties look into the incident and the extent of the damage. If you are the pedestrian, your attorney and their team will collect evidence, such as police reports, witness statements, photos and videos of the scene, and medical records. These are evidence that will help build a strong case for your injury claim.
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Medical Treatment
The severity of your injury will determine if you need medical treatment and how long it will take. If it’s minor, it could be treated within weeks; more severe cases may take months.
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Demand and Negotiation
Once all necessary evidence has been gathered, your accident attorney will send a demand letter to the at-fault party’s insurance company, which will outline the compensation sought, following which the parties negotiate for a fair settlement.
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Settlement Agreement
The case is settled when both sides agree on terms. Attorneys draft legal documents and releases detailing the settlement terms. The documents are signed and witnessed, after which the funds are distributed.
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Distribution
The settlement fund disbursement includes payments to the injured party, attorneys, and lien holders, like the healthcare provider, involved in the treatment of your accident-related injuries.
Factors That Affect the Length of a Pedestrian Accident Case
Length of Medical Treatment: You cannot settle your case while you’re still down. You must be medically cleared or at least treated enough before settling your case.
You may not be just like you were before the accident, but you should at least be reasonably healthy. This may take months if you underwent surgery, physical therapy, and multiple consultations. It means you are not getting active treatment but only follow-ups with doctors or undergoing no treatment.
This is necessary because your maximum medical improvement allows you and the insurance adjuster to understand your potential limitations in the future.
Note: Injury isn’t everything; your accident-related limitations and symptoms also determine the value of your claim.
Evidence Collection: Upon the completion of your treatment, you have to collect the medical bills and documents to determine the treatment cost and give evidence of symptoms and limitations.
The injured party has the burden of proof that the other party is at fault for your damages, that you suffered these damages from the other party’s activities, and that the injuries have given you symptoms or limitations to some extent.
The insurance company’s job is to pay you as little as possible. They will want proof of your injuries and limitations, which are your medical bills and records, as well as information from your employer about lost wages.
Negotiations & Litigation: After collecting all the information and sending the demand letter to the insurance company, give them time to review all documents. If liability hasn’t been determined, it will give the insurers scope to determine how much they are going to offer on your claim.
This process depends on the case’s complexity and the severity of the injuries. If you were hit by a car in a crosswalk where you had the right of way, and there is video evidence of the incident, it may require only a month to review.
On the other hand, if the crash occurred outside of a crosswalk, the severity is catastrophic, and liability is unclear, it may take up to 90 days to determine. The insurance company may ask for more time and information to decide. You will need an Orange County pedestrian accident attorney to be your guide here because not all requests by the insurance company may be reasonable and simply their way to delay settlement.
While settlements are usually achieved through the settlement negotiation process, sometimes, the accident attorney recommends a lawsuit. Pedestrian accident cases see more lawsuits because the adjusters allege that the pedestrian shouldn’t have been where they were during the crash. Sometimes, even though tiring, lawsuits are the best way to reach a desired outcome.
Paying Medical Bills: After your treatment and negotiations, it will be time to engage with the insurance company to determine a settlement amount. Your attorney has likely told you what you can expect from the settlement after repaying their fees, case costs, medical bills, health insurance, and loan amounts. Even after all that, it may take more time.
Certain medical and insurance providers are legally entitled to reimbursement. In some cases, medical providers may have placed a lien on your claim, postponing payment with the assurance that they will receive compensation from the settlement. Many health insurance providers have the right to reimbursement on healthcare costs associated with your treatment. Your attorney will get the final payoff and likely negotiate the bills before paying the settlement.
What Can You Do for a Pedestrian Accident Claim?
- Statute of Limitations: There is a statute of limitations in each jurisdiction, which indicates a specific time frame within which a legal claim needs to be filed. Depending on your state, it can range from one to several years. Failing to file a claim within the time limit can cause the loss of the right to seek compensation.
- Court Proceedings and Trial: If you cannot settle through negotiations and mediation, the case may proceed to court. Litigation can be time-consuming since it involves court schedules, hearings, and trial preparations.
Conclusion
If you were legally walking down the road and someone else’s negligence or intentions caused your injuries, you have the right to seek financial compensation. Call A1 Accident Lawyer to look into the incident promptly and determine if you have a case.
Also Read: How to Settle a Car Accident Claim Without an Attorney?