A pedestrian accident claim can be settled in as little as a few months or take upwards of a year or more, depending on the circumstances and how badly the victim was injured. As the plaintiff in a pedestrian accident case, you may be entitled to full compensation for your medical bills, pain and suffering, and other losses. In some cases, your attorney may choose to wait to settle a pedestrian accident until they have a better idea of the full extent of your damages.
If you have been hit by a car or otherwise injured in a pedestrian accident you didn’t cause, our Louisville pedestrian accident attorney can help you get the compensation you deserve as expediently as possible.
Factors affecting the time it takes to settle
Generally speaking, the more complications or unusual circumstances a case has, the longer it takes to settle. However, your lawyer should be able to give you a ballpark timeline and explain how one or more of the following may affect the process.
How much medical treatment the plaintiff required
Your settlement amount should cover the cost of all necessary medical care, but if you settle too soon and then develop complications later, you cannot go back for additional money. This is why many attorneys advise waiting until you reach maximum medical improvement (the point at which more curative care is unlikely to produce further healing) before filing the claim with the at-fault party’s insurance company.
If your injuries were relatively minor, your case shouldn’t take long to conclude. However, if you need surgery or develop complications, your case may take longer, so your lawyer can properly value your medical losses.
If you didn’t seek medical attention right after the wreck, your attorney may have a harder time connecting your injuries to the crash. They may ask you to see a specialist or get a second opinion about the cause of your crash. This helps counter any allegations from the driver’s insurance company that your injuries were pre-existing.
Whether fault is contested, and whether your case goes to trial
Cases in which the defendant’s fault is clear can often be settled in a few months. If the defendant is clearly at fault, your lawyer may only need to send a Demand Letter and negotiate a fair settlement. However, if both you and the other party contributed to the accident, then their insurance company may contest liability or even decide to take their chances at trial.
If your case goes to trial, it will take much longer than if your lawyer and the defendant negotiated an out-of-court settlement. Trials depend on the court’s schedule, so you may not get a trial date for months. Trials also take time to prepare, further delaying a conclusion.
Lack of evidence
Successful lawsuits are built on evidence, including:
- Physical evidence, like damage to a vehicle
- Photos or a video of the scene
- Your medical records, showing how you sustained your injuries
- Eyewitness testimony
- Testimony from expert witnesses, like transportation or medical experts
Your legal team is responsible for gathering evidence to prove your claim and using Kentucky tort laws to use the evidence to prove fault and, therefore, liability for your damages. The more evidence there is, the easier your attorney’s job is. In cases with little evidence, it can be harder to prove fault, which means it’s more likely that the driver’s insurance company will contest their client’s liability or the value of your claim.
Need help filing a lawsuit after a pedestrian accident?
If you or a loved one has been injured in a pedestrian accident, navigating the legal process can feel overwhelming. Filing a lawsuit may be necessary to secure the compensation you deserve for medical bills, lost wages, and pain and suffering.
The experienced attorneys at Grossman Green PLLC are here to guide you every step of the way. For a free consultation, call us today at (502) 657-7100. Let us help protect your rights and fight for the justice you need to move forward.