How long does it take to settle a pedestrian accident? The time it takes to settle a pedestrian accident depends on several factors, including the severity of the accident, the extent of injuries, and how quickly the insurance company is willing to offer a fair settlement.
Working with a Duluth pedestrian accident lawyer may help reduce the time spent minimizing mistakes and encouraging the insurance company to take you seriously.
The Pedestrian Accident Settlement Process
We know that every personal injury case will be a little different. However, the legal process will follow the same general format. Cases may see delays in settling a pedestrian accident at different points of the process, but you can expect at least three stages.
Investigation
The investigation stage of your case is first. An attorney will use this time to collect and review evidence, such as your accident/incident report, photos from the accident, or medical records. An attorney may advise you to complete treatment for your injuries before beginning negotiations to ensure a complete understanding of the extent and cost.
Negotiations
When both parties are comfortable with the evidence they have, negotiations are often the next step. An experienced attorney will work to build a trial-ready case and present it in a way that shows the insurance provider you are serious, which may reduce the time spent. Time spent going back and forth in negotiations can significantly prolong the time it takes to resolve your claim.
Trial
If you are unsatisfied with the settlement offers from the insurance company, you do not have to accept them. However, you may want to discuss the risks of taking your case to trial. This can further prolong your wait for the payout, and you risk walking away with nothing if the judge doesn’t rule in your favor.
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Common Delays to Settle a Pedestrian Accident Case
You may face delays in the investigation and negotiation stages due to the extent of your injuries, how much you request damages, and the strength of your case.
The insurance company has a singular goal of saving the company money, which can make them which can increase the expected timeframe of your personal injury settlement. Most often, though, insurance providers do not want to invest the time or money to take a risk in court and are motivated to settle.
Gathering and reviewing documentation may take time and affect how long it takes to settle your pedestrian accident. Some records will not be available for a week or two, while others may depend on appointments booked weeks or months out. Once you receive the documentation, the other parties will also need time to review it, which further adds to your wait.
Additional delays can include scheduling conflicts with the attorneys, mediators, or courts. If you have chosen to take the case to court, the parties may file motions to dismiss or push for a summary judgment that may push your dates out. Further, your date may require key witnesses to be available to attend.
Methods to Minimize Delays to Settle Your Pedestrian Accident
Many parts of the legal process are out of your control and the injured party. However, you are not powerless, and there are a few things you can do to support efforts to decrease how long it takes to settle your pedestrian accident. These include:
- Speaking with an attorney immediately
- Immediately seek a medical evaluation to establish a record of your injuries
- Take photos or videos of the scene as evidence
- Ensure that your paperwork is correct, including your name, address, physician information, and anything else on the police report, medical records, or other evidence
These steps can establish a firm starting point after your accident and reduce the insurance company’s ability to challenge your injuries. Providing accurate documentation quickly may save you weeks or months of back and forth. Well-established facts can go a long way in keeping your case moving forward.
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Critical Time Considerations in Your Pedestrian Accident
The process outlined above can take weeks, months, or years to finish, but there are some critical deadlines you should be aware of while you decide how to handle your pedestrian accident settlement. Among these considerations is Georgia Code § 9-3-33, which states you have two years to file a claim for personal injury.
Two years may feel like a lot of time, but considering that most cases start with negotiation and not a lawsuit, this time feels much shorter. Investigation and negotiations alone can take the better part of 12-24 months. If you delay contacting an attorney for several months, you may lose valuable time and leverage to receive the settlement you deserve.
While an experienced lawyer may be able to help you at any point in your case, the longer you wait to get legal help, the fewer opportunities they have to help. A personal injury lawyer consultation is important because the more encounters you have with the insurance company without support, the more you leave yourself vulnerable to accidentally hurting your case. Every interaction they have with you is, at least, in part, an attempt to discredit your case.
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Help Yourself Settle Your Case Faster
Recovering from a pedestrian injury can be grueling, and fighting for your case alone can make it even more difficult. Navigating the Georgia court systems, whether Gwinnett, Fulton, or Cobb, can be exhausting, and learning as you go can significantly prolong the time it takes to settle a pedestrian accident.
The Slam Dunk Attorney may be equipped to help you make it through your case with fewer delays. Our team is dedicated and experienced, and our philosophy is one of transparency with our clients. Call us today to schedule a free case consultation and discuss your options for recovery.
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