Pedestrian accident cases typically take anywhere from a few months to over a year to settle, depending on the specifics of your situation. If you’ve been injured, we understand that waiting for compensation while dealing with medical bills, lost wages, and recovery can be incredibly stressful. Fortunately, there are ways to pursue financial recovery while avoiding unnecessary delays.
While no two cases are alike, knowing what influences the settlement timeline could give you peace of mind and help you plan for the road ahead. A New York pedestrian accident lawyer will guide you through the legal process, handle the insurance companies, and fight for an appropriate outcome.
- Why Pedestrian Accident Settlement Times Are Important
- Key Factors That Affect How Long a Pedestrian Accident Case Takes to Settle
- New York Laws That Impact Pedestrian Accident Insurance Claims
- How to Increase the Likelihood of a Timely Settlement After a Pedestrian Accident
- Common Questions About Pedestrian Accident Settlement Timelines
- No Matter How Long Your Pedestrian Accident Takes to Settle, Our Lawyers Will Support You
Why Pedestrian Accident Settlement Times Are Important
After a pedestrian accident, time isn’t just about healing: it’s also about survival. Medical bills start piling up fast, and if your severe injuries keep you from working, lost income will put your finances under serious strain. Many accident victims are forced to dip into savings, delay other expenses, or even face debt while waiting for a settlement.
Understandably, you want to know when you’ll be compensated and focus on recovery without constant financial worry. Unfortunately, the insurance company’s timeline rarely matches your urgency.
They might try to stall or push lowball offers in hopes you’ll settle your pedestrian accident claim quickly. But accepting an offer too soon could leave you without enough to cover long-term medical needs or future losses.
That’s why it’s crucial to understand the process and make informed decisions. Our pedestrian accident lawyers will protect your financial future by fighting for an appropriate settlement without unnecessary delays or added stress on you.
For a free legal consultation, call 516-932-0400
Key Factors That Affect How Long a Pedestrian Accident Case Takes to Settle
Several important factors influence how long it takes to settle a pedestrian accident case in New York:
What Injuries Do You Have After a Pedestrian Accident?
One major factor is the severity of your injuries. If you’re still undergoing treatment, it might be best to wait until your condition stabilizes so we are able to accurately calculate the full extent of your medical costs and future needs.
Cases involving serious or long-term injuries often take longer but typically result in higher compensation.
Who Was at Fault for Your Accident Injuries?
Another factor is liability. If it’s clear the driver was at fault, settlement negotiations could move more smoothly. However, if fault is disputed, your personal injury attorney will need time to gather additional evidence, such as witness statements, surveillance footage, or accident reconstruction reports.
What Does the Accident Insurer Do?
Insurance companies also play a role; they often delay negotiations or make low settlement offers early on. Your lawyer will counter these tactics by negotiating aggressively and preparing to go to court if needed.
Should You Negotiate for a Pedestrian Accident Settlement?
Finally, whether the case is resolved through negotiation or litigation significantly impacts timing. Most settle out of court, but if a lawsuit is filed, the process can extend considerably.
New York Laws That Impact Pedestrian Accident Insurance Claims
New York has specific laws that can affect how and when you receive compensation after a pedestrian accident. First, New York is a no-fault insurance state, which means the Personal Injury Protection (PIP) coverage of the involved vehicle (when the accident involves a car hitting a person as opposed to two cars having a collision,) pays for immediate medical expenses and lost wages, regardless of who was at fault.
These payments are typically processed quickly, offering some initial relief. However, there are limits to how much is covered.
To pursue full compensation—including for pain and suffering and other non-economic damages—you must meet New York’s “serious injury” threshold. This includes injuries like fractures, significant disfigurement, or substantial disability. Proving you meet the criteria requires time and medical documentation.
Additionally, New York’s statute of limitations gives you a limited time from the date of the accident to file a personal injury lawsuit. If a government entity is involved, such as a city bus, the deadline is even shorter.
(It is also very important to note that a shorter statute of limitations may apply to your situation depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.)
Understanding these legal timelines and requirements is critical. Our New York pedestrian accident attorneys ensure your case complies with New York laws.
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How to Increase the Likelihood of a Timely Settlement After a Pedestrian Accident
While some factors are out of your control, there are certain actions that could keep your pedestrian accident claim moving forward:
- First and foremost, seek medical attention immediately and follow all prescribed treatments. Insurance companies routinely scrutinize gaps or inconsistencies in care, which could delay or weaken your claim.
- Next, keep thorough records of everything related to the accident—medical visits, expenses, lost wages, and any communication with insurers.
- Avoid speaking directly to insurance adjusters or signing any paperwork without legal guidance. Adjusters might use your statements to minimize your claim or pressure you into settling quickly for less than you deserve.
By being proactive and organized, you could avoid unnecessary setbacks and improve your chances of a timely and appropriate settlement.
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Common Questions About Pedestrian Accident Settlement Timelines
While it’s natural to want a fast resolution after a pedestrian accident, it’s important not to rush the process at the expense of your long-term well-being. Settlements take time, especially when serious injuries or disputed liability are involved, but experienced and dedicated legal representation will make the process easier.
Our pedestrian injury lawyers will handle your entire case and stay in frequent contact with you, giving you the chance to ask questions like:
Will I Need to Go to Court After a Pedestrian Accident?
Most pedestrian accident cases in New York settle out of court, especially when liability is clear. However, if the insurance company refuses to offer appropriate compensation, filing a lawsuit might be necessary.
How Soon Will I Receive Compensation After a Settlement?
When your payment arrives depends on the insurer’s processing time and any legal paperwork required. If there are undue delays, our law firm will look into it.
Is it Worth Waiting for a Better Pedestrian Accident Settlement?
Often, yes. Accepting a quick, low offer would leave you without enough for future medical care or lost wages. A lawyer will evaluate offers and determine when it’s wise to settle or hold out for more.
No Matter How Long Your Pedestrian Accident Takes to Settle, Our Lawyers Will Support You
Friedman & Simon, L.L.P., is here to guide you and provide tenacious advocacy on your behalf every step of the way. We handle the legal complexities, negotiate with insurers, and fight for your best interests while you focus on healing. We are committed to making the process as smooth and stress-free as possible.
If you’ve been injured in a pedestrian accident, don’t face the insurance companies alone. Contact us today for a free consultation and let our legal team explain how long pedestrian accidents take to settle—and how we will fight for what you need.
Call or text 516-932-0400 or complete a Free Case Evaluation form