How Long Do Pedestrian Accident Claims Take to Settle?

How Long Do Pedestrian Accident Claims Take to Settle?

After being hit by a vehicle, the journey home from the hospital is just the first step on a long and unexpected path. You are trying to heal from your physical injuries, but the mental and financial stress is just beginning to surface.

As you deal with the pain and the disruption to your life, a pressing question likely dominates your thoughts: how long do pedestrian accident claims take to settle? The honest answer is that there is no fixed calendar. The timeline for resolving a claim is unique to each situation, shaped by a number of specific factors.

You are probably worried about paying medical bills, making up for lost time at work, and simply getting back to your normal routine. It is natural to feel anxious and want this process to be over as quickly as possible.

Many people in your position grapple with similar concerns:

• How will I cover my expenses while I wait for a settlement?
• What makes one case take a few months while another takes over a year?
• Is there anything I can do to avoid delays?

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Medical Treatment in Settlement Timing

The single most important factor determining your claim's timeline is your health. A settlement is meant to compensate you for all of your losses related to the accident, and it is impossible to know the full extent of those losses until your medical journey is complete or has at least stabilized.

This point is known as Maximum Medical Improvement, or MMI. MMI is the stage when your doctors determine that your condition has improved as much as it is going to. You are either fully healed or have a clear prognosis for any long-term or permanent effects of your injuries.

Reaching MMI is a critical milestone because only then can you calculate the total cost of your medical care. This includes not just the emergency room visit and initial hospital stay, but also all follow-up appointments, physical therapy, prescription medications, and any potential future surgeries or treatments you might need.

A pedestrian accident that happened while you were crossing a street in Capitol Hill could result in injuries ranging from broken bones, which have a relatively predictable healing time, to a traumatic brain injury, which requires months or even years of specialized care.

Your settlement negotiations should only begin after you reach MMI for several reasons:

• Calculating Full Medical Costs: You must have a complete picture of all past, present, and future medical bills. Settling too early means you could be left paying for future treatments out of your own pocket.
• Documenting Lost Wages: The total amount of time you missed from work is a key part of your claim. If you have a long recovery, this amount grows.
• Assessing Long-Term Impact: MMI helps clarify if you will have a permanent disability or a reduced ability to earn income in the future, which must be factored into your total damages.

Investigating the Accident and How Long It Takes to Prove Who Is at Fault for a Pedestrian Accident

Before any settlement negotiations begin, it is necessary to establish that the driver was at fault for the accident. While it might seem obvious that a driver who hits a pedestrian is responsible, insurance companies will often look for ways to shift the blame. They might argue that you were jaywalking, distracted by your phone, or darted out into the street unexpectedly.

A thorough investigation is required to build a strong case that proves the driver's negligence. Negligence is simply the failure to act with reasonable care, which caused your injuries.

The investigation phase involves gathering all available evidence to create a clear picture of what happened. This process takes time. For example, getting the official police report from the Seattle Police Department can take several days or weeks.

If there were witnesses, they need to be located and interviewed. Sometimes, it is even necessary to obtain traffic camera footage from the Seattle Department of Transportation, a process that has its own set of procedures and delays.

A complete investigation typically involves:

1. Obtaining the Official Police Report: This document contains the officer’s notes, a diagram of the scene, witness information, and any citations issued to the driver.
2. Interviewing Witnesses: Speaking with anyone who saw the accident provides a neutral, third-party perspective that is very persuasive to insurance companies.
3. Gathering Physical Evidence: This includes collecting all photos you took at the scene, visiting the location to take new pictures of the crosswalk or intersection, and documenting the damage to the vehicle that hit you.

The Negotiation Process for a Pedestrian Accident Claim

Once you have reached MMI and the investigation is complete, the negotiation phase can begin. This process starts with the creation of a "demand letter" or "settlement package." This is a comprehensive document that is sent to the at-fault driver's insurance company.

It lays out the legal arguments for why their driver is liable, details the full extent of your injuries, and includes a complete calculation of your damages. Damages are the total of your economic losses (like medical bills and lost wages) and non-economic losses (like pain and suffering).

After the insurance company receives the demand package, an adjuster will be assigned to your case. The adjuster's job is to review all the information you have provided and protect the insurance company's bottom line.

This review process itself can take several weeks or longer. Following their review, the adjuster will respond. They will either accept your demand, deny the claim entirely, or—most commonly—make a counteroffer for a much lower amount.

This counteroffer kicks off a period of back-and-forth negotiation. The length of this phase depends entirely on the insurance company’s willingness to be reasonable.

• A fair initial offer might lead to a relatively quick settlement within a few weeks of negotiation.
• An unreasonably low offer signals that the insurance company plans to fight the claim, which can draw out negotiations for many months.
• Some insurance companies use intentional delay tactics, hoping that financial pressure will force you to accept a lowball offer out of desperation.

What Happens if a Settlement Is Not Reached?

In most pedestrian accident cases, a fair settlement is reached through the negotiation process. However, if the insurance company refuses to make a reasonable offer, the next step is to file a personal injury lawsuit.

It is important to know that filing a lawsuit does not mean your case will automatically go to a full-blown trial in front of a jury. The vast majority of lawsuits still settle before the trial date.

Filing a lawsuit simply moves the claim into the formal legal system and puts more pressure on the insurance company. This starts a process called "litigation." During litigation, both sides engage in "discovery," which is a formal process of exchanging information.

This includes depositions, where you and other witnesses give sworn testimony outside of court. Often, the evidence uncovered during discovery leads the insurance company to increase their settlement offer.

A crucial deadline to be aware of is Washington's "statute of limitations."

1. The Deadline: For most pedestrian accident injury claims in Washington, you have three years from the date of the accident to file a lawsuit.
2. The Consequence: If you fail to file a lawsuit within this three-year window, you will be permanently barred from seeking compensation in court.
3. Why It Matters for Settlement: This deadline is a powerful tool in negotiations. As the deadline approaches, an insurance company that has been delaying may become more motivated to settle the case to avoid being sued.

Finding Your Footing on the Road to Recovery

The time it takes to settle a pedestrian accident claim is a reflection of the seriousness of your injuries and the complexity of your case. While the desire for a quick resolution is understandable, your primary focus should be on your health and ensuring you receive a settlement that fully and fairly covers all that you have lost.

Each step, from reaching Maximum Medical Improvement to investigating the crash and negotiating with the insurer, is a necessary part of building a strong claim. The process requires patience and persistence.

Navigating this path alone is a heavy burden when you should be focused on healing. The team at Pendergast Law is here to guide you through every stage of the process, handling the legal complexities so you can concentrate on your recovery.

Frequently Asked Questions

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