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How Long Does it Take to Settle a Pedestrian Accident?

How Long Does It Typically Take to Settle a Pedestrian Accident?
New York Pedestrian Accident Attorneys I Greenberg & Stein P.C.

A pedestrian car accident is a type of motor vehicle accident that involves a pedestrian being struck by a car. This can happen when a pedestrian is crossing a street, walking along a road, or even while they are standing on the sidewalk. The time it takes to settle a pedestrian accident claim in New York depends on various factors such as the complexity of the case, the insurance company’s willingness to settle, and the extent of the injuries. On average, pedestrian accident claims can take anywhere from several months to a year or more to resolve. However, some cases may be resolved more quickly, while others may take longer to settle. It is important to consult with an experienced personal injury attorney to understand the specific timeline for your case.

Factors That Affect Your Settlement Timeframe and Resolution

There are several reasons that can affect the time it takes to settle a pedestrian car accident claim. Here are some of the most common factors that affect your settlement timeframe resolution:

Your Pedestrian Accident Injuries

In a pedestrian car accident, usually, the pedestrian can result with the most serious injuries because a vehicle is much heavier than a human. The extent of the pedestrian’s injuries can significantly impact the settlement resolution time in a pedestrian car accident case. In general, the more serious the injuries, the longer it may take to settle. This is because the severity of the injuries directly affects the amount of compensation that the pedestrian is seeking.

A pedestrian who has suffered a serious injury, such as a broken bone, a head injury, or a spinal cord injury, will typically require a longer period of medical treatment and rehabilitation, which can prolong the settlement process. The insurance company may also take longer to investigate and evaluate the full extent of the injuries before making a settlement offer.

Additionally, if the pedestrian is unable to return to work or has suffered a permanent disability, the settlement may take longer to resolve as the financial impact of the injury must be fully taken into account. In these cases, it may be necessary to hire an expert witness to help determine the extent of the damages.

The Evidence Collected and Presented

The evidence collected and presented in a pedestrian car accident case can greatly alter the settlement time. Strong evidence can help to support the pedestrian’s claims and increase the likelihood of a favorable settlement outcome. Conversely, if the evidence is weak or inconclusive, the settlement process may take longer as the insurance company may be less willing to make a fair settlement offer.

The types of evidence that may be collected and presented in a pedestrian car accident case include:

  • Eyewitness testimony
  • Medical records and bills
  • Police reports
  • Surveillance footage
  • Photos of the scene and damage to the vehicle and surrounding area
  • Expert witness testimony

Having a thorough and well-organized collection of evidence can help to build a strong case and increase the chances of a quicker resolution.

Attorney’s Skill and Experience

An experienced personal injury attorney will have a thorough understanding of the law and how to effectively negotiate with insurance companies to achieve a fair settlement. They will also have a good understanding of the typical settlement time frames for similar cases and can use this knowledge to help estimate the settlement resolution time for your case.

An experienced attorney will also be familiar with the various negotiation strategies that insurance companies may use to delay or reduce the settlement amount, and will be able to effectively counter these tactics to ensure that you receive a fair settlement. Additionally, they will have the resources and knowledge necessary to gather and present strong evidence to support your claim, which can greatly impact the settlement time.

The Insurance Negotiation

Insurance companies are typically more concerned with protecting their own financial interests than with fairly compensating the pedestrian for their injuries and damages. As a result, insurance companies may try to delay the settlement process or make a lowball settlement offer in an effort to reduce the amount they have to pay. The negotiation process can be tough and this makes the whole settlement process take longer. 

The Victim’s Age

Factors such as the victim’s age, health, and occupation can affect the amount of compensation that they are entitled to receive. In general, younger victims who are in good health and have a long life expectancy may be able to receive a higher settlement amount to compensate for their lost earning potential and future medical expenses. On the other hand, older victims who have a shorter life expectancy or who are already suffering from a pre-existing health condition may receive a lower settlement amount as they may not require as much compensation for future expenses.

Going To Trial

If a settlement cannot be reached, the case may go to trial. The trial process can take several months or even years, depending on the complexity of the case and the court’s schedule. During this time, both sides will need to gather evidence, prepare and file legal documents, and participate in pre-trial proceedings. The trial itself can take several days to a week or more, depending on the complexity of the case and the number of witnesses and exhibits that are presented. After the trial, the judge or jury will issue a verdict. If the verdict is not in your favor, you may have the right to appeal the decision, which can further extend the time it takes to resolve the case.

Understanding the Timeline for Resolving a Pedestrian Accident Case
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Average Settlement Amount for a Pedestrian Accident Claim

Settlements for pedestrian accident claims can range from a few thousand dollars for minor injuries to hundreds of thousands or even millions of dollars for serious or life-altering injuries. 

It is important to note that no two pedestrian accident cases are exactly alike and the settlement amount in your case will depend on the specific circumstances of your case. An experienced personal injury attorney can help to assess your case and determine the amount of compensation that you may be entitled to receive based on the specific factors that apply to your situation.

How Long Does it Take to Get a Pedestrian Accident Settlement Check in NYC?

In New York, it usually takes between four to six weeks to receive your settlement check. The check amount will be deposited into a trust account first. Once the money clears, your attorney will deduct any legal fees, attorney fees from the check amount. Any liens or payments that need to be made will be deducted as well. The remaining amount will be sent to you in check. 

Greenberg and Stein Pedestrian Accident Attorney

If you or a loved one has been involved in a pedestrian car accident, it is essential to seek the assistance of an experienced pedestrian car accident lawyer. An experienced attorney can help to protect your rights, ensure that you receive the compensation that you are entitled to receive, and guide you through the complex and often overwhelming legal process. At Greenberg & Stein P.C. you can find some of the best pedestrian accident attorneys in the state. Our legal team is committed to helping our clients get the compensation they deserve. Contact us at 888-716-3843 to schedule a free consultation to review your case.