Pedestrians are vulnerable road users who face potentially catastrophic injuries if they’re in an accident involving a motor vehicle. If you’re in a pedestrian accident as a result of another party’s misconduct, one of the legal pathways to recovering your losses can be to begin a personal injury claim.
These claims are civil legal processes that require demonstrating that the other party was responsible for the injuries sustained. Like all legal procedures, it can take time to settle these cases. How long does it take to settle a pedestrian accident claim, and what does the process look like?
How Long a Pedestrian Accident Settlement Typically Takes
How long does a pedestrian accident case take to settle? The settlement time for pedestrian accident settlements can vary, but typically, it can be anywhere from six to 18 months. Simple cases might take less time to settle, but claims that involve multiple parties, severe injuries, or disputed liability can drag on.
One of the most important steps you can take to speed up the process is to hire a personal injury lawyer to assist you.
Key Factors That Affect a Pedestrian Accident Settlement Timeline in Alpharetta
How long does it take to settle a pedestrian accident claim? The pedestrian injury claim duration will depend on a number of key factors.
Medical Treatment and Injury Severity in Pedestrian Accident Cases
One of the factors that can affect the pedestrian accident settlement timeline is the severity of the injuries you suffered. Reaching maximum medical improvement (MMI) is an important step in any personal injury case, and this can take longer when there are complex injuries involved.
Settlements are very difficult to achieve until the full scope of the injuries you suffered and the medical treatment costs you will have are known. Most insurance companies will require that you reach MMI before they will consider settlement negotiations. You reach MMI when the injury or condition will no longer improve.
An insurance company will wait for you to reach MMI so that it is easier to accurately calculate future care needs. That’s vital when dealing with serious injuries.
A legal claim that involves catastrophic injuries like spinal damage or traumatic brain injuries will typically take much longer to settle. These types of claims require extensive injury documentation to establish liability. The future medical costs will be much greater, as will the impact the injury has on your life.
With these types of injuries, you may also not be able to work in the same capacity or at all. Lost income must be calculated, along with future lost wages. Overall, the more serious your injuries are, the longer the pedestrian accident lawsuit timeline can be.
Liability Disputes and Insurance Company Delays
The average time to settle pedestrian injury cases will also be impacted if there are liability disputes. Georgia is a fault state for traffic accidents. To be able to recover fair compensation, you must demonstrate that the other party was responsible for your losses.
In some instances, you can be partly liable. That’s because Georgia has modified comparative negligence laws that allow you to still recover losses as long as you were not more than 49% responsible for the accident.
Your liability percentage will impact your total compensation; however, it will be proportionally reduced by your degree of fault.
You can expect insurance companies to try to establish that you were partly to blame for the accident. If there isn’t a significant amount of evidence that shows the other party was responsible, like witness statements, police reports, medical records, or photos, insurers will try to blame the injured party.
Establishing clear liability is vital for these cases, which is another reason you should always have legal guidance.
Insurance companies employ delay tactics as well. They can stall the process by requesting documents they already received or making very low offers to pressure you into accepting a lower settlement than you deserve.
These tactics are common if the insurer thinks you may be struggling to pay medical bills and might accept a lower amount out of desperation.
Another common delay tactic that insurers may try is to hand your case over to another adjuster in the middle of the process. This would require that you grant them more time to bring the other person up to speed.
A pedestrian accident lawyer will have the necessary experience to counter these tactics. They will know how to get insurers back to the negotiating table as quickly as possible.
The Pedestrian Accident Claims Process and Timeline Steps
The pedestrian accident claim process steps begin with you getting immediate medical treatment. This is vital, since you will need to have substantial evidence that links the accident to your injuries. If you delay getting medical care, it is easier for insurers to state that your injuries are unrelated to the pedestrian accident.
Evidence gathering should come next. If you’re well enough to remain at the accident scene, take pictures and videos of everything. Get contact information for witnesses and make certain you know how to get a copy of the police report.
You should immediately contact an experienced pedestrian accident attorney to guide you through the filing process.
Most of the time, you will have to wait until you reach MMI before your lawyer will begin the formal negotiations. They will do this by creating a demand letter, which outlines your losses, including the medical costs you’ve incurred, the wages you lost, and a variety of other information.
The letter will clearly state how the accident occurred and why the defendant is responsible for your losses. The demand letter is then submitted to their insurance company along with a formal request for a specific settlement amount.
The negotiations will begin. Insurers will review the demand package and make a counteroffer. Your lawyer will proceed to fight for the fairest possible settlement amount.
If disputes continue, however, and there’s little chance of reaching a resolution without getting the courts involved, your attorney will likely recommend filing a lawsuit. When it comes to the trial timeline, pedestrian accident lawsuits can take months to years.
How Insurance Companies and Legal Representation Affect Timing
Insurance companies can take a significant amount of time to review your demands and agree to start negotiations. They may make a low offer and then refuse to return to negotiate further.
An attorney can push the companies to continue negotiating while also ensuring you don’t accept a low settlement. They will expedite the process as much as possible.
Settlement, Disbursement, and Final Case Resolution
Once you have reached an appropriate settlement agreement, you must sign the release form before you can receive the funds. This document releases the other party from liability and states that you accept the settlement as full and final compensation. You will not be able to sue the defendant once you sign this paper.
The insurance company will then hand out the funds. This can take between 14 and 30 days after receiving the signed release form. The settlement check will typically be placed into a trust account that your lawyer oversees. Your attorney will provide an outline of how the funds will be distributed. The funds will address:
- Legal fees
- Case costs
- Medical liens and outstanding debts
Once all of these expenses have been handled, you will receive the rest of the settlement. After all of these transactions are clear, your case is closed.
You can choose to have the settlement structured as a lump sum payment, which means you receive everything in one go, or as a structured settlement, which pays out in installments. Your lawyer can assist you in deciding on the right option for your needs.
Ways to Speed Up a Pedestrian Accident Settlement
Waiting to receive a settlement can be very stressful, especially if you’re dealing with medical bills you can’t pay. To have a chance to speed up the process, you need assistance from a personal injury lawyer. They will be able to create a demand package more efficiently, which is what really gets negotiations started.
Make sure you follow all medical recommendations and avoid speaking with the other party’s insurer without your lawyer present. You should avoid mentioning the accident on social media, too, since insurers could use anything you post against you, delaying the process.
Pursuing a Claim After a Pedestrian Accident in Alpharetta
If you have suffered injuries because of another party’s conduct, one of the legal remedies available could be to file a personal injury claim. These are complex actions, so you should not pursue them without a legal team by your side.
At Bulldog Law Firm, we provide the comprehensive legal support you need to navigate these claims. We understand what a toll a pedestrian accident can have on you, so we’re here to get you through this moment in your life.
If you have been hurt in an accident, contact us at Bulldog Law Firm to schedule a consultation with an attorney.
