How Long Do Pedestrian Accident Claims Take to Settle?

July 9, 2023 | Ed Bernstein
How Long Do Pedestrian Accident Claims Take to Settle?

Being the victim of a pedestrian accident can be a life-altering experience. It may leave you grappling with physical injuries, emotional trauma, and mounting medical expenses.

While pursuing a compensation claim is undoubtedly a crucial step in the healing process, many victims wonder how long it will take to settle their pedestrian accident claims and receive the compensation they need to recover.

If you know the factors affecting the timeline of a pedestrian accident settlement, you know what to expect during this challenging journey. An experienced pedestrian accident lawyer can assist as you negotiate the process.

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Factors Affecting the Duration of Pedestrian Accident Claims

The complexity of a pedestrian accident claim can significantly impact its duration. Complex cases may involve multiple parties, conflicting evidence, or disagreements over liability, which can prolong the claim process. It takes time to gather the necessary evidence and build a strong case in these situations.

The Availability of Evidence Following an Accident

The availability of evidence can also affect the duration of a pedestrian accident claim. Promptly collecting and preserving evidence, such as police reports, witness statements, and surveillance footage, can contribute to a more efficient claim process. A skilled pedestrian accident attorney can gather the necessary evidence and use it to support your claim.

Cooperation of the Involved Parties

The cooperation of all parties involved in a pedestrian accident claim can influence its duration. When parties refuse to negotiate or share information promptly, it may delay the process. However, retaining a skilled pedestrian accident attorney helps facilitate communication and cooperation between parties, which can expedite the procedure.

How Statutes of Limitation Impact Your Case?

pedestrian accident near Las Vegas, NV area

The statute of limitations is a crucial legal factor in personal injury claims. It refers to the time within which you must file a lawsuit to seek compensation for your injuries. This deadline ensures parties file claims while evidence remains readily available and witnesses' memories are fresh. It also provides closure for both the victim and the accused, preventing legal disputes from dragging on indefinitely.

Varying Timeframes Depending on the Jurisdiction

The statute of limitations for pedestrian accident claims varies depending on the jurisdiction where the accident occurs. In general, the timeframe for filing a claim ranges from one and four years from the accident. Working with an experienced pedestrian accident attorney can determine the statute of limitations in your jurisdiction, ensuring you do not miss this deadline.

Consequences of Not Filing Within the Specified Period

If you fail to file your claim before the specified statute of limitations expires, you risk losing your chance to seek compensation. Courts will typically dismiss claims brought after the deadline, leaving you without recourse for recovering damages for your injuries.

Consult a skilled pedestrian accident lawyer as soon as possible following your accident to ensure you do not inadvertently lose your right to pursue compensation.

Establishing Negligence and Liability After a Pedestrian Accident

Determining fault is a critical element of any pedestrian accident claim, as it directly affects the amount of compensation you receive. Establishing liability determines which party or parties you can hold financially responsible for your injuries and damages.

Types of Evidence That Help Prove Fault

An experienced pedestrian accident lawyer can gather evidence to establish fault in your pedestrian accident claim, including:

  • Police reports: These contain vital information about the nature of the accident and play a key role in determining fault.
  • Witness statements: Witness testimony provides valuable insight into the events leading up to the accident, helping to establish liability.
  • Surveillance footage: Video evidence offers a visual account of the incident.
  • Expert testimony: Expert witnesses, such as accident reconstruction specialists, help to establish fault by analyzing the evidence.

Challenges in Proving Fault

Establishing fault in pedestrian accident claims is sometimes challenging, particularly in cases involving multiple parties or complex scenarios. A knowledgeable pedestrian accident lawyer can navigate these challenges and build a strong case to prove fault and liability.

The Severity of the Injuries

The severity of your injuries plays a significant role in the pedestrian accident claim process. Severe injuries result in high medical expenses, prolonged rehabilitation, and an increased likelihood of long-term or permanent disability. As a result, the value of your claim may increase significantly, leading to more contentious negotiations between the involved parties.

Assessing Future Medical Needs and Expenses

An important aspect of the claim process is accurately assessing your future medical needs and expenses, particularly if you suffered severe injuries. A knowledgeable pedestrian accident lawyer can work with medical experts to determine the type and extent of treatment you may require during your recovery and the associated costs. This information ensures you receive fair compensation that adequately covers your long-term medical needs.

Prolonged Claim Process

If you require extensive treatment and rehabilitation to overcome your injuries, it may prolong the claim process because the full extent of your medical needs and expenses may not appear until after you receive comprehensive therapy and your recovery progress becomes more predictable.

A skilled pedestrian accident lawyer may recommend waiting until your medical needs are apparent to settle the claim to improve your chances of receiving fair compensation.

Insurance Coverage

Insurance coverage is essential in pedestrian accident claims, as it is often the primary source of compensation for your injuries and damages. You will typically hold the at-fault party's insurance provider responsible for covering your medical expenses, lost income, and other damages, up to the policy's limits.

Insufficient Coverage or Assets

In some cases, the at-fault party may have insufficient insurance coverage or assets to compensate you for your injuries and damages fully. This can complicate the claim process, and you may need to explore alternative avenues for compensation, such as pursuing action against another liable party or claiming through your insurance company.

Navigating the claim process with limited insurance coverage is often challenging. A skilled pedestrian accident lawyer can help you explore your options, develop a strategy to maximize your compensation, and ensure you receive the financial resources you need to recover from your injuries.

Settlement Negotiations

Negotiation is a critical aspect of the pedestrian accident claim process, and successful discussions result in many accident claims settling out of court. Effective negotiations ensure you receive fair compensation for your injuries and damages and avoid the time and expenses associated with litigation.

Factors Influencing Willingness to Negotiate

Several factors influence the willingness of parties to negotiate and reach a settlement in pedestrian accident claims, including the strength of the evidence, the severity of your injuries, the adequacy of insurance coverages, and the potential legal and financial consequences of going to trial.

Unsuccessful Negotiations

In some cases, negotiations may stall or fail to produce a fair resolution, prolonging the claim process. A skilled pedestrian accident lawyer may advise proceeding to litigation and initiating the legal process of suing the at-fault party and potentially going to trial.

Heading to Trial After a Pedestrian Accident

If negotiations fail to resolve a pedestrian accident claim, litigation begins with filing a lawsuit against the at-fault party. This process is usually incredibly time-consuming and complex, so you should consider contacting an experienced pedestrian accident lawyer to guide you through each step.

Litigation Steps

The litigation process typically includes:

  • Discovery: During the discovery phase, both sides exchange information and evidentiary materials, helping to build their respective cases.
  • Depositions: Depositions involve questioning witnesses under oath to gather testimony to use in the trial.
  • Trial: If a claim does not settle out of court, the case will go before a judge or jury to determine liability and the appropriate compensation.

The Time-Consuming Nature of the Litigation Process

The litigation process can be lengthy and time-consuming, often taking several months or even years to resolve because of the extensive preparation a trial necessitates and congested court schedules.

An experienced pedestrian accident lawyer can help to streamline the process and potentially shorten the duration of your litigation process.

The Appeals Process

If your case proceeds to court and you are unsuccessful, you may decide to appeal the outcome. You could do this if you believe there were legal errors during the trial or disagree with the judge or jury's determination of liability and compensation.

The Appeals Process and Its Impact on Claim Duration

The appeals process can add significant time to the claim duration, as it involves submitting written briefs and possibly presenting oral arguments before an appellate court. Depending on the court's schedule and the complexity of the case, the appeal process may take several months or even years to resolve.

The Role of an Experienced Pedestrian Accident Attorney

An experienced pedestrian accident lawyer plays a crucial role in helping you navigate the claim process. These legal professionals can guide you through each stage, efficiently managing your case and protecting your rights. ’When you retain a skilled lawyer, they deal with your pedestrian accident claim promptly and competently.

Advocating for Fair Compensation

One of the primary goals of an experienced pedestrian accident lawyer is to ensure you receive fair compensation for your injuries and damages. These legal professionals can evaluate your claim, assess damages, and negotiate with insurance companies and at-fault parties to sesucure the compensation you deserve.

Contact an Experienced Pedestrian Accident Attorney Today for a Free Case Consultation

Injured pedestrians must pursue claims as quickly as possible, as delays can negatively affect the claim process and potential compensation. Fortunately, you do not have to navigate this process alone.

With the help of a skilled pedestrian accident lawyer, you can confidently file your claim and work toward a fair resolution. Contact an experienced personal injury attorney in Las Vegas today for your free case consultation.

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Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.