How Long Does It Take To Settle a Pedestrian Accident Claim?

How Long Does It Take To Settle a Pedestrian Accident Claim?

As a pedestrian accident victim in Orange County, you probably have a lot of expenses piling up. Medical exams, physical therapy, prescription medications, and days off of work can quickly drain your savings. You may wonder: How long does it take to settle a pedestrian accident claim?

While every accident case is different, understanding the factors that impact your case’s duration can help you predict when you’ll receive a payout. Keep in mind that working with a skilled pedestrian accident lawyer can streamline your case.

Continue reading to learn how long it should take to recover compensation for pedestrian accidents.

Types of Pedestrian Accident Settlements

Your settlement process may look different depending on your pedestrian accident case. As an injury victim, you could seek compensation through any of the following means:

Insurance Claim

An insurance claim is the most straightforward method of seeking compensation for pedestrian accidents. If the driver who hit you has liability insurance, you can file a claim with their insurance company.

In California, drivers must have the following minimum liability insurance coverage to drive their vehicles legally:

  • $15,000 of bodily injury coverage per person
  • $30,000 of bodily injury coverage per accident
  • $5,000 of property damage coverage

With these minimums in place, most California drivers should have at least some insurance coverage they can use to pay for your medical costs.

If the at-fault party has the proper coverage, their insurance company should reach out to you within a few days of the accident to gather evidence and attempt to determine fault. You should defer these calls to your lawyer.

Lawsuit Against an Insurance Company

You should never assume an insurance company is on your side when you submit a claim. Insurance companies value saving money over helping accident victims. In all likelihood, the insurer will offer you an insufficient payout for your damages.

When this happens, you may need to negotiate a higher payout. If the insurance company fails to budge, the next best step may be to take legal action.

Your pedestrian accident attorney can help you through a lawsuit against the insurance company in question. Many of these cases end in settlement negotiations, in which insurance companies offer to settle out of court to avoid a lengthy, expensive legal process.

Taking legal action may allow you to receive maximum compensation through an insurance claim and additional compensation for the insurance company’s lack of cooperation.

Insurance lawsuits can take anywhere from several months to a few years for pedestrian accident victims.

Personal Injury Lawsuit

Did the at-fault driver not have liability insurance at the time of the accident? Perhaps they only had the minimum coverage, which is insufficient to pay for all of your medical bills and other resulting expenses. Either way, you may be in a position to seek compensation beyond what the insurer provided.

In any of these cases, taking legal action against the at-fault party is within your rights. To do so, you must file a formal complaint with the Orange County court in which you explain the nature of the accident and your desire to begin a civil lawsuit.

Most personal injury cases take at least a few months to settle. Because of the slow nature of the court system, you may need to wait upwards of two years before you can receive a pedestrian accident settlement.

Factors Affecting the Length of Your Pedestrian Accident Case

Many factors can impact the length of pedestrian accident cases:

  •     Type of settlement: Insurance claims for pedestrian accidents are typically faster than lawsuits.
  •     Severity of injuries: Often, pedestrian accident claims with minor injuries settle faster than those with more severe damages.
  •     Insurance company cooperation: Negotiating with the insurer can prolong pedestrian accident cases. This needs to be weighed against the minimal offer that they are likely to start with.
  •     Legal assistance: Working with an experienced pedestrian accident attorney can speed up your case, while having no legal assistance can prolong it.

How an Orange County Pedestrian Accident Lawyer Can Help Streamline Your Settlement

Whether you’re filing an insurance claim or taking legal action against the at-fault parties, working with an attorney can help you streamline your settlement process. Your accident attorney can help with the following tasks:

  • Collecting evidence to remove any ambiguity or uncertainty in the case
  • Determining a fair settlement amount
  • Communicating with insurance carriers, liable parties, and all other parties involved on your behalf
  • Keeping you up to date on the settlement timeline

If you’re looking for a reliable pedestrian accident lawyer in Orange County, our team at Khalil Law Group can help. Call our pedestrian accident lawyer today at 714-613-8386 or fill out our online form to schedule your free consultation.