How Long Does It Take To Settle A Pedestrian Accident Lawsuit?
September 1, 2025
Everything changes in an instant the moment you or a loved one is struck by a car. What follows is often a whirlwind of pain, confusion, and unanswered questions.
How will you pay for medical bills? How will you figure out the insurance maze? And, perhaps most pressing, how long does it take to settle a pedestrian accident lawsuit?
Getting fair compensation isn’t always a straightforward process, and the timeline can vary widely depending on the circumstances. In this article, we’ll break down the process, helping you understand what factors influence the settlement time and how you can take control of your case.
The Factors that Affect the Timeline of Pedestrian Accident Lawsuits
How long does it take to settle a pedestrian accident case? There is no one-size-fits-all answer.
Several factors come into play, each potentially affecting how long the settlement process takes. Below are some of the most significant elements that influence the timeline.
Severity of Injuries
The more severe the injuries sustained in the accident, the longer it may take to settle the case. If the victim requires long-term medical care or rehabilitation, it’s important to wait until the full extent of the injuries is known before finalizing the settlement.
This makes it possible to factor in all medical costs, both current and future. If injuries are minor and recovery is quick, a settlement may be reached much faster.
Disputes Over Liability
In cases where the fault of the accident is contested, the timeline can extend significantly. At times, the insurance company or the at-fault party may deny responsibility. There could also be confusion about the details of the accident.
Such situations may result in further investigation, depositions, and expert testimony to establish liability. This can add months or even years to the process.
Insurance Company Delays
Insurance companies are notorious for delaying claims to avoid paying out large settlements. They may use tactics such as requesting additional information or pushing for lowball offers.
These delays can prolong the time it takes to reach a settlement, especially if you don’t have an experienced pedestrian accident lawyer advocating for you.
Complexity of the Case
Some pedestrian accident cases are more complex than others. A good example is an accident that involves multiple parties, such as a negligent driver and a government entity responsible for poor road conditions.
In other cases, the timeline can be extended if the victim has pre-existing medical conditions that complicate the case. Cases involving large corporations or government entities also tend to take longer due to the complexity of legal proceedings.
The Process of Filing a Pedestrian Accident Lawsuit
Here is a breakdown of the general steps involved in filing this type of lawsuit.
Filing the Claim
Once the accident occurs, your attorney will begin by filing a claim with the insurance company of the responsible party. At this stage, evidence is gathered, and the insurance company is notified of the claim. This process can take a few weeks, depending on the availability of documentation and the initial response from the insurer.
Initial Negotiations and Settlement Offers
After the claim is filed, the insurance company may make an initial settlement offer. This offer may be far below what you deserve, especially if the insurance company is trying to minimize its payout.
Looking for a pedestrian accident lawyer near me can prove invaluable in these situations. These legal experts are skilled in negotiating settlements.
They will often send a demand letter outlining the fair compensation you’re seeking based on the damages, including medical bills, lost wages, and pain and suffering. Negotiations can take weeks or months, depending on the response from the insurance company.
Discovery and Further Investigation
If the insurance company disputes the claim or refuses to settle for a reasonable amount, the case may enter the discovery phase.
During discovery, both parties exchange information, which can include medical records, witness statements, and expert opinions. This process can take several months to complete, especially if expert testimony is required to strengthen the case.
The Role of Medical Treatment in Settling Pedestrian Accident Lawsuits
One of the key elements in determining the duration of a pedestrian accident lawsuit is the length of medical treatment required. If injuries are severe, medical treatment will likely continue for an extended period, which can delay the settlement process. Here’s how medical treatment affects the timeline:
Ongoing Treatment
If the pedestrian accident victim is still undergoing treatment at the time of settlement discussions, it’s difficult to accurately assess the full extent of the damages. As a result, it’s important for your attorney to wait until you’ve completed treatment or have a clear picture of your recovery before moving forward with a settlement.
Permanent Injuries
In cases where the victim suffers permanent disabilities, the settlement process may take longer. An attorney will need to account for future medical costs, rehabilitation, and lost earning potential, which can take time to fully assess.
If the victim’s condition will require long-term care or adaptations to their lifestyle, these factors must be considered in the settlement negotiations.
When to Consider Litigation
While many pedestrian accident lawsuits are settled without going to trial, there are situations where litigation becomes necessary. If the insurance company refuses to offer a fair settlement or there are disputes over liability that cannot be resolved, a lawsuit may be the best option. This can significantly extend the timeline.
Court Proceedings
If your case goes to court, the litigation process can take several months to a few years. The discovery phase, pre-trial motions, and the trial itself all contribute to the extended timeline.
In court, your attorney will present evidence, call witnesses, and argue your case to a judge or jury. Depending on the complexity of the case and the court’s schedule, a verdict can take several weeks to months to be delivered.
Appeals
After the court reaches a verdict, the case can still be delayed if there is an appeal. Either party can appeal the ruling, which will further extend the settlement process. An appeal can add months or even years to the resolution of the case.
How to Help Speed Up the Settlement Process
While many factors are outside of your control, there are steps you can take to potentially speed up the process of settling your pedestrian accident lawsuit.
Respond Quickly to Requests for Information
Be prompt in providing any information or documents requested by your attorney, the insurance company, or the court. Delays in gathering necessary paperwork can slow down the process.
Stay in Communication with Your Attorney
Make sure that your attorney has up-to-date information about your recovery and any changes to your medical condition. Regular communication ensures that your lawyer can move forward with negotiations or settlement discussions without unnecessary delays.
Consider Mediation
In some cases, mediation can be a quicker alternative to going to trial. Mediation involves a neutral third party who helps both sides reach an agreement. While not all cases are suitable for mediation, it can help resolve issues more quickly than a full trial.
Understanding the Pedestrian Accident Lawsuit Timeline
So, how long does it take to settle a pedestrian accident lawsuit? The answer involves considering multiple factors, including injury severity, insurance disputes, and the complexity of the case.
While it’s difficult to predict an exact timeline, having an experienced attorney on your side can significantly impact the efficiency and success of your case. Henningsen Injury Attorneys has a team of legal experts specializing in personal injury law, including the most complex pedestrian accident lawsuits.
Our Atlanta pedestrian accident lawyers have decades of experience in this field. We are passionate about defending your rights and seeing to it that justice is served.
If you’re facing a pedestrian accident case, request a free case consultation with our team. Let us help you get the compensation you deserve.
