Managing Partner
Pedestrians who get struck by cars will incur significant losses, such as medical bills, lost time from work, and pain and suffering. All they really want after being in an accident is to get their lives back to normal as quickly as possible. But how long will this process take?
Understanding the possible timeline of your case requires knowing the various factors that will come into play. With the Long Island personal injury law firm of Dell & Dean PLLC by your side, you can have confidence that your lawyer will work for the most expeditious outcome.
Stages in a Pedestrian Accident Lawsuit and Settlement
Every pedestrian accident case is different, and the timeline of your claim will vary from someone else’s. Nonetheless, there are certain steps you and your attorney must take towards this goal. They include:
- Filing the claim (and maybe the lawsuit): One of the first steps your lawyer will take is to file the claim with the at-fault party’s insurance company. Your lawyer may also file a lawsuit if the statute of limitations, which sets a deadline to take legal action, is close to expiring.
- Investigation and evidence gathering: During this phase, your Long Island accident attorney will investigate how the accident happened and identify who was responsible for it. It’s important to gather compelling evidence so you can present a strong claim to the insurance company.
- Medical evaluation and treatment: You will need to make sure that you see a Long Island physician to get the treatment you need, and that you follow the doctor’s recommendation. Your medical evaluation, which will determine the future treatments you will likely need, will affect the value of your claim.
- Demand letter and negotiations: Your attorney will send a demand letter to the insurance company which explains the basic facts and the demand for compensation. This begins the negotiation process.
- Mediation and settlement agreement: Many New York pedestrian accident cases are settled through mediation. You can, and should, have legal representation during mediation to help you decide whether to settle or take your case to trial.
- Litigation: If the insurance company will not negotiate in good faith, then your lawyer will file a complaint (if they haven’t already) to initiate the litigation process. However, settlement negotiations will likely continue as the lawsuit moves forward.
- Disbursement of funds: On the other hand, if your case settles, the insurance company will process a payment. Funds will be paid to you, your medical provider, and your attorney.
Factors That Affect the Timeline
Long Island pedestrian accident cases with relatively simple facts and clear liability (meaning, no major disputes over the at-fault party’s role in the accident) can settle in as little as 6 to 12 months after medical treatment is complete. More complicated cases, for instance those in which the victim suffered major injury, could take between 12 and 16 months after medical treatment.
Some of the specific factors that will impact your timeline are:
- How long your medical treatment takes: It’s important that you reach maximum medical improvement before settling your case. However, you may need future treatments as well, which affect the value of your case.
- How long it takes to gather evidence: Your lawyer can’t reasonably settle the case without having all the facts. If a lawsuit is filed, then your attorney will also need to complete discovery – the formal process of requesting and exchanging evidence.
- Other losses you incur: Although medical bills are a major part of your settlement, you will likely have other losses such as missed time from work and pain and suffering. Some of your damages, like decreased earning capacity, involve future losses.
- How many parties were involved: Most pedestrian accident cases involve simply a pedestrian and a negligent driver. However, there are situations in which attorneys must involve other parties. An example is if a Long Island bar negligently served too much alcohol to a drunk driver.
- The willingness of the parties to settle: Whether and to what degree the parties – including their lawyers and insurance companies – want to settle will affect the length of your case. As the case develops and more proof of negligence is uncovered, this timeline could shrink.
A Major Factor: The Quality of Your Legal Counsel
The experience and skill of your attorney will certainly impact the timeframe of your accident case. For this reason, you should make sure you hire a law firm that understands the complexity of pedestrian accident cases. Connect today with Dell & Dean PLLC to schedule a consultation with our Long Island office.
