If a negligent driver caused a pedestrian accident that injured you and you’re considering your options to pursue compensation, you may wonder how long it takes for pedestrian accident claims to settle.
The answer varies and depends on the severity of your injuries, how successful your attorney is at negotiating a fair settlement with the insurance company, and more. No two pedestrian accident claims are the same, and they settle at different rates.
Read on to learn of the factors that can impact the time it takes a pedestrian accident claim to settle and what you can do to help expedite the process. For specific advice regarding your claim, contact an experienced pedestrian accident attorney in your area for a free consultation.
Factors That Affect the Pedestrian Accident Claim Settlement Process
Every pedestrian accident claim is unique, and the facts and circumstances surrounding your accident will affect the duration of reaching a favorable settlement. Some common factors that often affect pedestrian accident claim settlements include:
Liability Disputes
All personal injury claims rely on establishing liability to an at-fault party for causing injuries to someone else. However, sometimes, it’s not clear who bears liability for the accident, or both parties may share part of the blame.
Most states follow some sort of comparative fault rule when determining liability for an accident. For example, Nebraska follows a modified comparative negligence rule. Under this rule, an injured party may not recover damages if they are 50 percent or more at fault for causing their injuries. Also, the level of compensation they receive will decrease by their percentage of fault.
The Severity of Your Injuries
In general, pedestrian accident cases involving serious, debilitating injuries can take longer to settle. Severe injuries take longer to heal and require more extensive medical care and rehabilitation. Additionally, it can take considerable time to realize their long-term effects and how they will affect your life.
In many cases, those who sustained severe injuries in a pedestrian accident qualify to pursue subjective non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. An injured party and the insurance company will often find non-economic damages a point of contention.
Don’t Accept a Settlement Too Soon
Although you’re eager to settle your pedestrian accident claim and get the money you need, you also don’t want to rush to accept a settlement without first fully understanding the extent of your injuries.
Once you accept a settlement, you can’t pursue additional compensation for your injuries later. s Working with your attorney can help document your injuries and medical treatment until you reach maximum medical improvement (MMI).
MMI means that no further medical treatment will improve your medical condition. It doesn’t mean you won’t require further medical care, and you may discover your injury results in a permanent disability for which you will need a lifetime of therapy, care, and accommodations.
If you accept a settlement offer too soon, you may miss out on important compensation you will need in the future. Work with an attorney who can employ medical experts and other specialists to provide a prognosis for your injuries and a professional opinion as to the types of care and rehabilitation you may need going forward.
How to Maximize Your Pedestrian Accident Settlement
To maximize your settlement and speed the process along as much as possible, you need to build a strong case to support your claim. Your top priority is to receive treatment for your injuries.
However, you also want to try to collect and preserve as much evidence from the accident scene as possible. This includes taking photos of the scene and your injuries and gathering eyewitness statements and contact information. You also want to report the accident to local law enforcement and obtain a copy of the official police report.
The next thing you need to do is gather your medical bills and evidence of financial expenses you incurred, including pay stubs and other proof of lost income as well as property damage repair and replacement costs.
One of the best things you can do after receiving medical treatment for your injuries is to contact a local pedestrian accident attorney.
A lawyer can help you collect all the documentation and evidence you need and help you develop a strong claim the insurance company will be less likely to dispute. An attorney can also advocate for you throughout the process and negotiate with the insurer to help you get the highest settlement possible.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Contact an Experienced Pedestrian Accident Attorney Today
The experienced pedestrian accident attorneys at Berry Law have helped thousands of clients throughout Nebraska and Iowa obtain favorable settlements from insurance companies for their injuries and losses.
You can count on us to assist you in developing a strong case to establish liability on the at-fault party, and we will work to evaluate and document the extent of your injuries and help you recover the damages you need now as well as compensation you may need in the future.
Contact us today for your free consultation.
