Posted on 04/24/25
Being struck by a car, truck, or bus changes a person’s life. While the healing and recovery process can be long and challenging, the legal process of recovering compensation for your losses can be even more frustrating. How long does it take to settle a pedestrian accident claim?
The answer is it depends. It could take several months to a year or longer, depending on the complexity of the case and your attorney’s ability to navigate the process. A Buffalo pedestrian accident attorney can help you understand the process.
Factors That Determine the Timeline for a Pedestrian Settlement
To settle a pedestrian accident claim, it is necessary to document all losses, which means knowing what those losses are and then establishing fault. A claim must be presented to the insurance company, they must determine if it is accurate, and then a payment occurs. Consider some of the most common factors that contribute to this process:
Severity of Your Injuries
Pedestrian accidents happen far too often, with an estimated 140,000 people visiting the emergency room for non-fatal, but often serious injuries. Another 8,000 people died from such injuries (according to 2022 data from the US Centers for Disease Control and Prevention). The more complex your injuries are, the harder it is for you to document the value of those losses, and that is what can slow the process down. Common serious injuries include:
- Traumatic brain injuries
- Spinal cord damage
- Neck and back trauma
- Broken bones
- Burns and road rash
To ensure your settlement is fair, our Buffalo personal injury lawyer must consider factors such as the type of care you need now and the care you may need in the future. Once you reach the maximum medical improvement, or MMI, meaning you are not likely to see further improvement, we have a better idea of what your losses will include. Settling too soon without knowing this means you may not get fair compensation.
The Insurance Company
Let us be clear. Insurance companies will either try to settle fast or delay the process. In both situations, their objective is to get you to receive less, either by getting you to agree to an amount that is too low or creating a scenario in which you are frustrated enough to settle.
If the damages are significant, the insurance company will take longer to verify your losses. Requests for additional medical information can also slow down the process.
Liability Factors
Another factor in the length of time it takes to complete your settlement is disputes over liability. If the driver states you were at fault, that could mean there is an investigation into the process. If other parties are to blame, such as a company or even the city, due to their negligence, that can increase the risks of seeing delays.
The Court
There is no expected deadline for the court to hear your case. Sometimes it can take a long time for the court to hear your case because of the current case load or other factors. Your accident attorney in Buffalo will work to try to get a settlement instead, which can improve the process.
The length of time it takes to settle a pedestrian accident can be frustrating. However, with the legal guidance you need, it is possible to pursue fair treatment and compensation.