How Long Does it Take to Settle a Pedestrian Accident Claim

It may take only a few weeks to settle a pedestrian accident claim. If major issues are crystal clear, the insurance company often folds faster than Superman on laundry day. Moreover, under California law, insurance companies may have a legal duty to settle such claims within thirty days. If major issues are at all unclear, the case normally goes through at least part of the civil litigation process. This process could take months or years.

Settlements, which resolve over 90 percent of pedestrian accident claims, usually favor victims, especially if that settlement occurs relatively late in the litigation process. At that time, the strongest possible evidence is available to a Pedestrian Accident Attorney California. Therefore, maximum compensation is usually available. A bird in the hand (a large settlement) is worth two in the bush (the possibility of a larger trial verdict).

Major Issues and Case Settlement

The aforementioned major issues include legal responsibility for injury and the amount of compensation the tortfeasor (negligent driver) should pay.

Liability (Legal Responsibility)

These disputes nearly always delay pedestrian accident settlements, whether the victim was in the crosswalk or not. California is a pure comparative fault state. So, a simple failure to stop and look both ways, regardless of who had the right of way, could significantly affect the outcome of the case.
Sometimes, comparative fault is a partial defense that applies to the amount of damages. More on that below. Sudden emergency, which is comparative fault’s legal cousin, could be a complete defense in these cases. This rule applies if the tortfeasor (negligent driver):

• Reasonably reacts to
• A sudden emergency.

Insurance company lawyers often argue that the victim “darted out into traffic.” This argument sets up the sudden emergency defense.

However, in California, a pedestrian in the street usually isn’t a sudden emergency, even if the victim “darted out into traffic.” Instead, a sudden emergency is a hood fly-up or another completely unexpected emergency.

Damages (Amount of Compensation)

Pedestrian accident victims are entitled to compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The comparative fault rule could drastically reduce the amount of compensation the victim receives.

Many times, both parties are partially at fault for a pedestrian accident, usually because the driver isn’t paying attention to the road, for one reason or another, and the victim doesn’t stop and look both ways, for one reason or another.

If that’s the case, the jury must apportion liability on a percentage basis. The court then reduces the victim’s compensation in accordance with the percentage of responsibility. If William’s damages are $50,000 and a jury determines he was 50 percent at fault, he’s entitled to $25,000.

A Personal Injury Lawyer Beverly Hills uses the law to refute liability defenses. An attorney normally uses evidence to refute compensation defenses. For example, video evidence may show that William stopped and looked both ways before he stepped off the curb.

Formal and Informal Settlement!

Sometimes, the two parties work through these liability and damages disputes on their own and settle the case. In many cases, the two sides reach a settlement agreement before a Los Angeles personal injury lawyer files legal paperwork. Other times, the two parties reach a settlement during the litigation process.

Money is the biggest obstacle to such informal settlements. Usually, a considerable amount of money is at stake in these claims. Insurance companies, despite what TV commercials may imply, don’t like to pay claims.

Fear is an issue as well. Many insurance companies are afraid that if they compromise in one case, they must make further compromises in future cases. If you give a mouse a cookie, he’ll want a glass of milk.

Therefore, many pedestrian accident claims settle during mediation, which is an alternative to trial. A professional and disinterested mediator supervises settlement negotiations to ensure that both sides negotiate in good faith. Good faith negotiation means putting fear and money concerns aside and trying to reach an agreement.

Since mediation is a trial alternative, it usually occurs about the same time a trial would have occurred, which is at the end of the litigation process.

Consult Our Experienced Personal Injury Attorney Today!

It usually takes a long time to settle a pedestrian accident claim. For a free consultation with the Best Personal Injury Lawyer, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.