Virtually every pedestrian accident victim wants to know when this nightmare will end. Similarly, they want to know when they will receive compensation for the harm someone else has caused them. The honest answer about how long pedestrian accident claims take to settle is that it depends on numerous moving pieces, and unfortunately, there's no universal timeline that applies to everyone.
Some pedestrian accident cases are resolved within a few months, while others can take years to unfold. The difference often comes down to factors you might not expect, and understanding these factors prepares you for what's ahead. Better yet, hire a personal injury lawyer to give consistent, specific details about your case, including revised timelines as the process progresses.
What Affects How Long Your Pedestrian Accident Case Will Take?
Consider your case a puzzle: several pieces must fall into place before you can see the complete picture.
Your injuries will be the most significant piece of the puzzle. If you walked away with scrapes and bruises that healed in a couple of weeks, your case will likely resolve much faster than if you're dealing with a traumatic brain injury that requires years of rehabilitation. However, serious injuries tend to be more costly (and take longer to heal), which can complicate your case and delay settlement talks.
Insurance companies’ approach to your case is another puzzle piece. Insurers may operate by their own rules and timelines. Some handle claims professionally and respond quickly to reasonable requests. Others might drag their feet on investigations, request the same documents multiple times, and use other bad-faith tactics that drag out your case.
Evidence related to your pedestrian accident is yet another piece. The more clear-cut evidence of negligence you have, the more tightly this piece may fit into the puzzle (and the sooner your case may resolve, as favorable evidence gives your pedestrian accident lawyer immense leverage).
The last puzzle piece we will mention is your attorney. A driven, capable, and experienced lawyer may assemble the puzzle quickly and resolve your case sooner than you or a less capable lawyer might manage.
Settling Versus Going to Court: Two Critical Factors in Your Case Timeline
One of the most outsize factors in the timeline of a pedestrian accident case is whether the case settles or goes to court.
Some think "hiring a lawyer" automatically means "going to court," but that's not how it usually works. Most pedestrian accident cases end in settlement negotiations rather than going to court. However, lawyers can go to court, and whether your case goes to trial will affect the timeline for resolving the case.
The Sequence That Leads to Pedestrian Accident Cases Going to Trial
Most cases resolve through settlement talks, which usually begin early in the legal process. Before negotiations, your lawyer will gather evidence, document your injuries and expenses, and then present a demand to the insurance company.
A professional back-and-forth follows, where each side presents its case for what it thinks the claim is worth. This competitive dance can last a few months or longer, depending on how reasonable the liable parties are.
You might settle because the outcome is certain. You will know exactly how much compensation you’re getting, and there is value in that.
Filing a lawsuit doesn't mean you've given up on a settlement. It simply means your pedestrian accident lawyer is negotiating for a better settlement (and preparing for trial if necessary). The legal process after filing a lawsuit generally includes:
- Discovery, where both sides share information and evidence
- Depositions, where people give sworn testimony before trial
- Testimony from expert witnesses who explain technical aspects of your case
- Court motions that might resolve parts of the case early
Going to trial is the final option. Trials are expensive, unpredictable, and time-consuming for everyone involved. They can last days or weeks, and either side might appeal the result, adding more time to an already lengthy process. But sometimes it's the only way to get the compensation you deserve.
Roadblocks That Can Extend the Duration of Your Pedestrian Accident Case
Several frustrating obstacles can turn a straightforward process into an endurance test. Knowing about these ahead of time can keep you patient and ready for:
- Insurance company games are, unfortunately, common. Despite what their commercials suggest, insurance companies make money by paying out as little as possible, not by immediately paying accident victims the money they deserve. Liable insurers might delay investigations, argue that you were partly at fault for getting hit, and engage in other bad-faith tactics that extend your case timeline.
- Drivers without enough insurance create a whole different set of problems. When someone hits you but only carries the minimum required insurance (or has no insurance), that coverage might not cover your medical bills, let alone your other losses. Your lawyer then has to get creative, employing strategies that can take longer than a straightforward insurance claim.
- Fights over who's at fault, which happen more often than you might suspect. Resolving liability disputes often requires the insight of accident reconstruction specialists and thorough investigations that can take months to complete.
- Medical complications can derail even the most straightforward cases. If your recovery takes longer than expected, if you need additional surgeries, or if new problems develop, your lawyer will want to wait until your medical picture stabilizes before finalizing anything.
An experienced attorney will keep their eye on the mission to resolve your case and get you fair compensation as soon as possible, no matter what complications stand in their way.
The Central Question in Building Your Case: Why Did This Pedestrian Accident Case Occur?
The specific circumstances of your accident play a considerable role in determining who's at fault and how long your case might take. Some circumstances lawyers often see in pedestrian accident cases are:
- Intersection accidents are prevalent but often disputed. Drivers might claim they had a green light, even if you know you had the walk signal. Or maybe a driver was turning right and claimed they never saw you in the crosswalk.
- Getting hit while crossing mid-block presents different challenges. While you have the right to cross streets, you are also responsible for doing so safely. Insurance companies often scrutinize whether you looked both ways, crossed at an appropriate location, and acted reasonably given the circumstances.
- Parking lot crashes might seem minor because speed limits are usually lower in parking lots, but they can still cause serious injuries, especially to older pedestrians or children. These cases beg questions about whether the property owner maintained adequate lighting or clear sight lines.
- Backup accidents frequently happen when drivers reverse out of parking spaces or driveways without seeing pedestrians behind them. While backup cameras have reduced the number of these accidents, they still happen.
- Distracted driving accidents have increased in tandem with the rise of smartphone use. Drivers distracted by their phones often strike pedestrians, even in crosswalks or sidewalks where they should expect foot traffic.
- Drunk driver accidents usually result in more severe injuries because impaired drivers often don't brake or try to avoid pedestrians. While fault is typically clear in these cases, the damages can be substantial, leading to more prolonged negotiations.
Your attorney will secure evidence proving exactly how you suffered an injury and how someone’s negligence caused the crash to happen.
How Pedestrian Accident Attorneys Complete Their Clients’ Cases
A pedestrian accident lawyer handles far more for their clients than most people realize. As soon as you hire your attorney, expect them to:
- Conduct an immediate investigation. Your legal team may visit the accident scene seeking evidence and context, talk to witnesses while their accounts are still reliable, and obtain all evidence relevant to your case.
- Make sense of medical records. Pedestrian accident attorneys understand both medicine and law, to varying degrees. Your attorney will also work with your doctors and their medical professionals to document and understand the injuries you’ve suffered and the symptoms those injuries cause.
- Insulate yourself from insurance companies. An attorney protects you from saying something that can hurt your case. Insurance adjusters often ask leading questions and pressure injured individuals to accept unfairly low settlement offers. A lawyer will insulate you from such tactics.
- Pursue a fair settlement. Your lawyer will present your case in the most compelling way possible. This requires understanding how insurance companies evaluate claims and knowing which arguments are most effective in persuading them to pay.
- Manage any necessary litigation. If settlement talks fail, expect your lawyer to proceed to court. At the very least, they can file a lawsuit demonstrating to liable parties that your legal team is not bluffing.
Your attorney will speak with you throughout this process, ensuring you know your case timeline and strategy.
A Lawyer’s Support Extends Beyond the Law
A person struck by a vehicle often suffers serious, vulnerable injuries that require immediate and ongoing care. They need legal help, but a lawyer will know that you may also need:
- Access to medical care becomes vital when you lack health insurance or when your insurance creates barriers to receiving the necessary treatment. A lawyer might arrange for treatment on a lien basis, meaning doctors agree to wait for payment until your case settles.
- Financial guidance helps you manage the economic pressure that builds while your case is pending.
- Emotional support, as getting hit by a car, is traumatic in ways that extend far beyond physical injuries. While lawyers aren't therapists, they can explain the legal process clearly and connect you with trusted mental health resources when necessary.
Your attorney’s experience will also allow them to provide advice and answers about all case-related topics, even those extending beyond the case.
The Money Question: Understanding Damages in Pedestrian Accident Cases
The compensation available in pedestrian accident cases varies based on your injuries and the extent of harm to your life. Some of the damages that injured pedestrians often deserve compensation for are:
- Medical expenses can be more complex than they initially appear. Current bills are easy to calculate, but what about future medical costs? These expenses must be factored into your settlement if you need ongoing physical therapy, additional surgeries, medical equipment, or long-term care.
- Lost income calculations must account for earnings lost and long-term professional harm.
- Pain and suffering reflect the injured pedestrian’s physical discomfort, emotional distress, psychological anguish, and reduced quality of life. Each pedestrian’s damages vary, but legal teams calculate them using established methods that factor in injury severity, recovery duration, and how the injury affects daily life.
- Loss of consortium damages may be available to your spouse and family members when your injuries significantly impact family relationships.
- Courts may award punitive damages when a driver engages in reckless conduct, like drunk driving or excessive speeding.
If you have lost a loved one from injuries they suffered in a pedestrian accident, your attorney will demand compensation for the economic and non-economic toll of your loss.
Why a Lawyer’s Help Can Make All the Difference to Your Case (and Your Long-Term Wellbeing)
An attorney is such a valuable resource for injured pedestrians and their loved ones because a lawyer has:
- Legal training that provides them with an understanding of relevant laws, court precedents, and procedural requirements that govern these cases. This knowledge helps identify all potential sources of compensation while avoiding mistakes that can permanently damage your case.
- Investigation resources enable thorough accident investigations that individual victims cannot conduct alone. This might include hiring accident reconstructionists, obtaining hard-to-get surveillance footage, or conducting detailed witness interviews.
- Medical literacy has developed over the years, as we handle injury cases and work with healthcare providers.
- A nuanced understanding of insurance companies, gained through years of dealing with various insurers and understanding their evaluation methods, negotiation tactics, and pressure points.
These assets enable lawyers to present cases in a way that maximizes value while avoiding arguments that insurance companies use to reduce payouts.
Hire Your Lawyer to Start Your Pedestrian Accident Case Today
The timeline for resolving your pedestrian accident claim will depend on factors specific to your situation, such as your injuries, the circumstances of the accident, the insurance companies involved, and the approach your legal team takes. While some cases resolve quickly, others require patience and persistence to achieve fair outcomes.
What matters most is having experienced professionals in your corner who understand both the legal complexities and the human impact of what you're going through. The right representation can often expedite the process while ensuring you receive the compensation you deserve, not just what the insurance company is willing to pay. Do not wait to hire your attorney, as they likely have a filing deadline and other time-sensitive matters.