Every pedestrian accident case is different. A case might reach a settlement agreement after only a few months of negotiations, or it may last years if the case proceeds to trial. The first determining factor in the timeframe in which your pedestrian accident claim is the extent of your injuries and if you are still treating them. We do not recommend settling a case if you are still receiving medical treatment for injuries suffered as a result of the accident unless that treatment has been deemed permanently necessary to maintain your quality of life.
Other specific factors that may have a direct impact on the length required to resolve a claim include:
- Liability. When liability is clear, it’s unlikely that the case will drag on for years. When determining fault is straightforward, claims are more easily and therefore quickly resolved.
- Severity of injuries. The more severe the injuries, typically, the longer it takes to resolve the claim. Both sides typically want to see an accident victim reach the maximum improvement before negotiating or going to court. Armed with information about a long-term prognosis, an attorney and the insurance company can more easily place a value on the case.
- Witnesses. Depending on the circumstances of the case, eyewitnesses may be necessary for deposition and testimony in court. An attorney might also consult with doctors, accident reconstructionists, life care planners, and other experts who can speak to liability, prognosis, and claim value. When the witnesses either side needs to call are not available, or it’s difficult to coordinate schedules, a case can drag on longer than expected.
- Defense cooperation. If the insurance company and/or the legal defense team are not cooperating with evidentiary procedures associated with a claim, victims can expect a longer period of time to resolve their claim.