When you want to pursue a pedestrian accident claim, one of the first questions that arises is how long the settlement process will take. This is primarily due to painful injuries and mounting medical bills. Unfortunately, there is no single answer, as the timeline depends on multiple factors. For some victims, a settlement may be reached within a few months, while for others, the process can stretch to a year or more. It is not uncommon for insurers to delay or dispute claims just to prolong the process and settle for less.
When handling a pedestrian accident claim, work with a lawyer to keep the process moving efficiently. While rushing into an early settlement can result in low-ball compensation, a pedestrian accident attorney from Gauthier & Maier Law Firm P.C., ensures that your case is properly documented and valued before reaching any agreement.
Key Takeaways: How Long Do Pedestrian Accident Claims Take to Settle
- There is no fixed timeframe for pedestrian accident settlements, as each case depends on various factors, including the severity of the injury, the duration of medical recovery, potential liability disputes, and the cooperation of the insurance company.
- Allowing doctors to assess your condition fully ensures that your compensation accounts for long-term treatment, therapy, and any permanent limitations.
- Insurance companies sometimes drag out claims to offer lower settlements, but an attorney can hold them accountable and help move the process forward.
- Usually, pedestrian accident claims involving multiple parties, commercial vehicles, or unclear fault require more investigation before settlement.
- A pedestrian accident lawyer can organize evidence, handle all communication with insurers, and anticipate procedural obstacles that may cause delays.
- Get legal help to ensure your claim progresses efficiently without sacrificing value.
Factors That Influence the Timeline of a Pedestrian Accident Settlement
The duration of a pedestrian accident claim depends on several variables, and each can significantly impact how long it takes to reach a fair resolution. Legal counsel can weigh and assess diverse factors, allowing you to set reasonable expectations and make informed decisions throughout your case. Some of the key factors include:
The Scope of Injuries and Recovery Time
One of the most significant factors determining how long a pedestrian accident claim takes to settle is the extent of the injuries and the time it takes to reach maximum medical improvement (MMI). When you suffer severe injuries such as spinal cord damage, your medical treatment may continue for months or even years. In such cases, it’s important to wait until doctors can provide a clear prognosis before finalizing a settlement. This ensures all future medical costs and rehabilitation needs are accurately calculated and included in the claim.
Settling too early while on medication can leave you undercompensated for ongoing care or long-term disabilities. Insurance companies may try to pressure claimants into early agreements to minimize payouts, but a lawyer can advise you on the right timing. Wait until you fully understand your medical conditions so the potential settlement reflects both current expenses and future losses.
Determining Liability and Gathering Evidence
Ascertaining fault in a pedestrian accident is not always straightforward, and disputes over who caused the crash can delay the claims process. The driver’s insurance company may argue that the pedestrian was jaywalking, crossing against the light, or partially responsible for the accident. In such cases, you may need additional evidence to prove negligence.
The process of collecting, verifying, and analyzing this evidence takes time, particularly when multiple parties or witnesses are involved. Your attorney must also ensure that all relevant documents, such as medical records, are accurate and complete. A well-supported case not only strengthens your position during settlement negotiations but also reduces the likelihood of costly delays or disputes later in the process.
Insurance Company Delays and Negotiation Tactics
Keep in mind that insurance providers are businesses focused on safeguarding their bottom line. One common strategy is to delay settlements in the hope that claimants will accept less money out of frustration or financial need. Adjusters may take weeks to respond to communications, request unnecessary documentation, or dispute certain aspects of your claim to prolong the process. These tactics can be discouraging, but they are also predictable and manageable when you have legal representation.
A pedestrian accident attorney can identify these delay tactics and take appropriate steps to keep your case moving. They actively follow up, file formal demands when deadlines pass, and pressure the other side through legal channels if negotiations stall. Hiring a pedestrian accident lawyer signals to insurers that you’re prepared to pursue litigation if necessary, which often results in faster and fairer settlements.
The Complexity of the Case
Some pedestrian accident claims are straightforward, involving clear evidence and cooperative insurers. Others are far more complex, particularly when multiple vehicles are involved, or when the accident occurred in a busy intersection with unclear right-of-way laws. If the at-fault driver was working at the time, you may need to resolve additional layers of insurance coverage and liability questions before starting settlement discussions.
Each layer of complexity adds additional parties and insurers, which means more paperwork, communication, and negotiation. For instance, in cases involving commercial defendants, insurance policies may have higher limits but stricter claim investigation processes. These claims may take longer, but can result in higher compensation once all liability issues are clarified.
Whether the Case Goes to Litigation
Most pedestrian accident claims resolve through settlements outside of court. However, when negotiations break down, filing a lawsuit may become necessary. Once a case enters litigation, the timeline can extend significantly, sometimes taking one to two years or more before resolution. Court schedules, pretrial motions, discovery, and depositions all take time, but they can also provide leverage for a fair settlement.
Interestingly, many cases that proceed to litigation still settle before reaching trial. The pressure of a pending court date often encourages insurers to offer more appropriate compensation. While this path requires patience, it can be the only way to ensure you receive the full value of your claim rather than accepting an inadequate early offer.
How to Speed Up Your Pedestrian Accident Claim Without Sacrificing Value
While patience is often necessary in a pedestrian accident claim, there are practical and strategic ways to expedite the process without settling for less than your case is worth. The key lies in striking a balance between efficiency and thoroughness. This approach supports every aspect of your claim with evidence, avoiding unnecessary delays caused by mistakes, incomplete records, or poor communication. Here are the ways of expediting the claims process:
Seek Treatment Quickly and Follow Through with Care
Prompt medical attention protects your health and establishes essential documentation for your claim. Delaying treatment or failing to follow your doctor’s recommendations can raise questions about the seriousness of your injuries, giving the insurance company grounds to minimize or dispute your claim. From the first emergency room visit to follow-up appointments, each record helps build a timeline that connects your injuries directly to the accident.
Additionally, completing your prescribed treatment plan demonstrates consistency, which insurers and courts view favorably. If you stop treatment prematurely or skip medical evaluations, it can suggest that your injuries have improved or were never as severe as claimed. Staying consistent with care not only supports faster claim processing but also maximizes your potential settlement by showing clear, ongoing damages.
Gather and Preserve Evidence Early
The sooner evidence is collected, the stronger your claim becomes and the faster your attorney can begin negotiations. Your attorney can also act quickly to preserve time-sensitive evidence. For instance, nearby businesses may delete video footage after a few days, or weather conditions might change and obscure skid marks or debris. Quick action allows your lawyer to secure this information before it disappears, reducing the likelihood of disputes that can drag out your case later on.
Maintain Organized Documentation
Delays in settlements often occur due to missing paperwork, incomplete medical records, or inconsistent documentation of damages. Keeping all accident-related materials in one place allows your attorney to submit a comprehensive and well-documented claim package. This minimizes the back-and-forth requests for clarification or missing records, which can stall progress for weeks.
Communicate Regularly with Your Attorney
Consistent communication between you and your lawyer can make a noticeable difference in the pace of your claim. Your attorney relies on your updates regarding medical progress, new expenses, and correspondence with insurance representatives. Delayed or incomplete information can slow settlement discussions and require extra time to verify facts.
At the same time, a responsive attorney who keeps you informed and engaged enables you to make timely decisions when settlement offers arise. The legal process involves multiple checkpoints, such as demand letters, counteroffers, and documentation requests, and each step requires quick action to maintain momentum. Regular contact helps prevent unnecessary lulls that can lengthen your case.
Work with a Pedestrian Accident Attorney
The most effective way to shorten the claims process without compromising compensation is to hire an attorney who regularly handles pedestrian accident cases. Attorneys familiar with local laws, insurers, and negotiation tactics know how to anticipate and overcome delays. They can prepare a detailed settlement demand early, identify weak points in the insurer’s arguments, and escalate the matter if adjusters become uncooperative.
Moreover, legal representation adds credibility to your case. Insurers are more likely to negotiate fairly when they know a claimant has legal backing and the willingness to take the matter to court if necessary. Your attorney can also manage all communication, ensuring you avoid common pitfalls while freeing you from the stress of dealing directly with insurers.
A Pedestrian Accident Lawyer Can Help You Settle Faster and Fairly
If a vehicle hits you while walking, you shouldn’t face unnecessary delays on the road to compensation. It is your right to have your pedestrian accident claim resolved as efficiently and fairly as possible. The personal injury attorneys at Gauthier & Maier Law Firm, P.C. know how to push insurers to act quickly and negotiate for a settlement that truly reflects your pain. We’ll handle every step of your claim so you can focus on medication and healing. Call (505) 226-0009 today for a free case evaluation.
Frequently Asked Questions: Timeline for Pedestrian Accident Claims
What Happens After I Reach a Settlement Agreement?
Once you and the insurance company agree on a settlement amount, both parties must sign a release form. This document confirms that you accept the payment as a full and final resolution of your claim, meaning you cannot pursue additional compensation later. After completing the paperwork, the insurer typically issues payment within a few weeks. Your attorney will then handle the disbursement, which involves paying any outstanding medical liens or legal fees before you receive your final settlement check.
How Long Does It Usually Take to Get Paid After a Pedestrian Accident Settlement?
The payout timeline can vary, but in most cases, you should receive funds within two to six weeks after signing the settlement agreement. Delays can occur if the insurance company requires additional documentation or if medical providers must confirm lien amounts. Having an attorney track and manage these steps helps prevent unnecessary hold-ups so that you can access your funds sooner.
What Should I Do If the Insurance Company Delays or Ignores My Claim?
If a considerable amount of time passes without meaningful progress, your attorney can send a formal demand letter or pursue legal action to compel a response. If insurers act in bad faith by intentionally delaying, denying, or undervaluing legitimate claims, they may be held liable for additional damages. Legal representation can push the insurer to stay accountable and responsive throughout the process.
How Do Medical Liens Affect My Settlement Timeline?
Medical liens can extend your settlement timeline because you must resolve them before receiving your final payment. A lien allows healthcare providers or insurers who covered your treatment to be reimbursed directly from your settlement funds. Your attorney negotiates and settles these liens before releasing your payment, making sure you cover all medical bills. This process can take additional time, depending on the number of providers involved and their response times. However, handling liens properly protects you from future financial liability and ensures that your final payout is truly yours.