How Long Does it Take to Settle a Pedestrian Accident Claim?

A pedestrian accident case is not as straightforward as a typical car accident. You are entitled to financial compensation for your injuries and medical expenses.

When it comes to liability, multiple parties may be held responsible. For example, government agencies such as the city, county, or state could be liable for deteriorating roads or malfunctioning traffic lights.

Because there are multiple possibilities for a pedestrian accident, there is no specific answer to how long does it take to settle a pedestrian accident in which a claim will get resolved. Additionally, the law keeps changing frequently, so it is best to consult a new jersey personal injury attorney before filing a claim.

This article tries to explain the factors that delay a pedestrian accident claim resolution and highlights the question that one should ask their potential personal injury lawyer.

How long does reaching a settlement take in a claim?

Every pedestrian accident is unique, and the time it takes to settle depends on various factors. Hence, there is no concrete answer for a fixed time to get the settlement.

The severity and permanence of the injuries you sustained in the accident, the success of negotiations with the insurance company, and whether your case must be filed in court all influence how long it takes to settle your pedestrian accident case.

What influences the pedestrian accident settlement process?

Every situation is unique, and the length of a pedestrian accident settlement varies by case, and the period varies greatly, from a few months to many years.

Why is there such a disparity? The settlement process is influenced by a variety of factors, such as:

● The extent of the injuries

Typically, the settlement does not occur until the medical treatment is finished. It means the case will not be closed until the pedestrian is cured or stable, with no possibility of further improvement.

If pedestrians sustain minor injuries, they recover quickly. However, in the case of severe injuries, the settlement process can take several years.

● Negotiation talks with the insurance company

Following the completion of treatment, settlement negotiations with the insurance company begin. They also require time. Even if there are no issues and the settlement amount is acceptable to both parties, negotiations will take months.

But if the pedestrian claims more money than the insurance company is willing to pay, the settlement negotiations will naturally take longer until they reach an agreement that pleases everyone.

Both the pedestrian and the driver may be uninsured at times. In this case, the only way to seek compensation is to file a lawsuit against the driver. Unfortunately, if the driver does not have enough assets, the pedestrian has no chance of receiving substantial compensation.

● Trial

Not all pedestrian accident settlements end up in court, but it does happen occasionally. If the settlement is not successful, an actual trial may be required, and in this case, the process will take longer than a straightforward out-of-court settlement.

How do severe injuries increase the time to settle a pedestrian accident?

Pedestrian accidents do not always result in a quick recovery. According to the Centers for Disease Control and Prevention (CDC), approximately 137,000 pedestrians got injured, and nearly 6,000 pedestrians were killed in these accidents in 2021.

Pedestrian accidents have a high injury and fatality rate because pedestrians lack protection from the impact of much larger, heavier, and faster motor vehicles.

It could take months or even years for you to reach your maximum level of medical improvement. Your prognosis may be hazy, and you'll want your settlement to cover your losses and expenses. It can take time to gather the necessary documentation and fully calculate your losses, which can cause delays in the settlement process.

What to do if you experience a pedestrian accident?

If you are in an accident, you must take specific steps to ensure a quick settlement. If you do not do it, problems may arise that impede it.

The first and most important thing to do after an accident is to seek medical attention. If the police have not yet arrived, you should contact the police on your own. Notify your insurance company as well as the drivers. Finally, remember to contact an experienced pedestrian accident lawyer, who will ensure you receive full and fair compensation.

Pedestrian accident lawyers

What is the difference between pedestrian accident lawyers and personal injury attorneys?

Pedestrian accidents get classified as "personal injury." That is not to say that all injury lawyers can successfully represent a pedestrian.

Work with a lawyer familiar with the complexities of these types of cases. There are various circumstances to address and how insurance companies are involved.

Injury lawyers are completely prepared to handle these types of cases. However, make sure that they have prior experience with pedestrian accidents.

Questions to ask your potential pedestrian accident lawyer

As mentioned before, the law is complicated, and not everyone knows how the law works and how to get the justice deserved by working per the law. Hence, you need an expert new jersey pedestrian accident attorney in your corner who can fight for your rights while you focus on the single most crucial thing – recovering.

While many accident lawyers claim that they are the best when handling pedestrian accident claims, how do you find the one who is the best fit for you and your case? By asking questions.

Asking the below questions will help you determine if your potential attorney is best for you or not.

How much experience do you have?

Some lawyers' practice areas may cover a wide range of specialties. You would not want a divorce lawyer or lawyer specialized in any other law to represent you in a pedestrian accident.

Refer to client reviews from online directories such as Yelp, Google Maps, etc., to determine if an attorney has the experience you seek.

By visiting their official website, you can check if that particular attorney is in good standing with the State Bar.

How many cases like mine have you won?

We always see advertisements claiming that someone has X number of years of winning cases, which could be correct. Consider when those cases got resolved. Furthermore, those cases should have settled at a fair amount.

If an attorney hasn't won a case in several years, they may not be the best choice. Consider hiring a new jersey pedestrian accident attorneys who has a successful track record.

What do you charge?

Always confirm costs, regardless of what a lawyer guarantees.

Pricing details should be clear from the very beginning. The exact amount you will have to pay may not be clear initially. However, before signing anything, an estimate should be provided and discussed.

Comparing lawyer fees is integral to finding the right attorney for your case. A case requires court filing fees, investigators, prepared documents, research, and other services. Furthermore, all expenses must be documented in writing so that you have a written record.

Who do you believe was to blame?

People frequently assume that the driver is at fault in a pedestrian collision. However, this is not true a lot of times.

When filing a pedestrian accident claim, there are numerous factors to consider. The most important is determining who was at fault in the accident and proving that they were at fault.

Your personal injury lawyer must be able to gather enough evidence to prove that the other party acted negligently. It's worth noting that some lawyers will only represent the plaintiff, and some attorneys may refuse to take your case if they know you were completely at fault.

Pedestrians who appear to be at fault in an accident may have been jaywalking or distracted by their phones, failing to notice traffic signals.

Can the driver file a counter-suit?

Yes, a pedestrian can face a counter-suit. The opposing party will have their attorney because they do not want to bear responsibility for the accident.

The attorney's job is to devise a different explanation for the accident. Their job is to relieve their client of all liability.

Even if you were partially to blame, you might still be eligible for compensation. It's also possible that you're not obligated to compensate the other party. However, to determine this, you must be completely honest with your personal injury lawyer.

How much time will it take for the case to resolve?

You only have a certain amount of time to file a claim. However, there is no set timetable for reaching an agreement. On failing to reach an agreement, the claims process takes longer. The case then moves to the courtroom.

You are now at the mercy of the court's schedule. More investigations and interviews are conducted, and this causes the schedule to get delayed, affecting the timeline.

An attorney can provide a rough estimate based on the information presented during the consultation. However, it is essential to remember that it is a rough estimate.

What do you require of me?

Any evidence you can provide will help them assess the situation better during the initial consultation. It is critical to obtain the contact information of the driver who hit you and any witnesses, and you should also get the driver's insurance information and a police report.

Most of the additional evidence will come from investigative work once the lawyer decides to take the case. Personal injury lawyers use legal means to gain access to security cameras, traffic signal data, and other pertinent information that can help build your case.

To Conclude:

No money can compensate for the damages and lost time caused by the accident. Compensation intends to make things a little easier as you try to recover entirely and resume your everyday life.

You require the services of a best personal injury lawyer who will look out for your best interests. Your attorney should understand and sympathize with your pain and suffering.

That is what the personal injury attorney does. They have years of experience assisting people who have been in similar accidents.