If you were injured in a pedestrian accident, the time it takes to receive a settlement can vary significantly depending on various factors such as the extent of injuries, the complexity of the case, negotiations with insurance and at-fault party, and potentially going to trial. It can take months or years to settle, which is why hiring a North Charleston pedestrian accident lawyer can help. Rest assured, the team at Shelly Leeke Law Firm will work tirelessly to ensure that you get the fair compensation that you are owed.
Many factors can influence the duration of a pedestrian accident settlement. If you or someone you love was involved in a crash, knowing the factors and timeline can provide peace of mind while awaiting settlement.
Severity of Injuries and Required Medical Treatment
One of the first factors in assessing the time a pedestrian accident settlement will take is the severity of injuries and required medical treatment. Personal injury attorneys often recommend waiting for the conclusion of all necessary medical treatment to ensure a fair compensation claim. If you suffer a permanent disability, you may require lifelong medical care, which could affect your ability to perform day-to-day activities or return to work.
Pedestrian accidents almost always cause injuries and often are fatal. In a CDC study of pedestrian safety, they estimate that 104,000 non-fatal, crash-related injuries occurred in 2020, with an additional 8,000 fatalities. Common injuries in a South Carolina pedestrian accident include broken bones, nerve damage, spinal injuries, head trauma, brain damage, and even limb amputation. Minor injuries can typically be resolved within a few months, but severe can lead to years of recovery or even long-term disabilities.
Negotiations Dynamics for a Pedestrian Accident Settlement
Once medical treatment is finalized, a claim can be filed with the at-fault party’s insurance. A pedestrian accident attorney can be instrumental in negotiations with insurance because of the amount of evidence often required to reach a settlement. Insurance companies typically want to settle for as little money as possible and will often deny their policyholder is even at fault, which requires gathering evidence for proof.
A pedestrian accident attorney can assist you with this step having experience with investigating accidents thoroughly. Evidence gathering can include requesting a copy of the police accident report, finding photos or videos of the scene of the accident, and eyewitness statements. Accident reconstruction experts are sometimes also hired to help provide a full view of what happened.
You will also need to keep all medical bills, records, and pay stubs to show any potential lost wages. After this evidence is compiled, a demand letter or insurance claim is written to request a fair settlement from the at-fault driver, their insurance, and any other parties that might be liable.
Challenges of Pedestrian Accident Claims
Pedestrian accidents can often come into dispute over fault due to the circumstances in which the accident occurred. Motor vehicle operators will often claim the pedestrian is partially at fault, which can dramatically reduce their liability and settlement amount.
Hiring an established legal team can help reconstruct the facts of the case and make sure the negligent driver is held accountable. Fault with pedestrian accidents can be difficult to establish if the pedestrian’s injuries cause a lack of memory of the event.
South Carolina’s modified comparative negligence fault §15-1-300 states that a pedestrian involved in an accident can only recover compensation if they hold 50% or less responsibility for the accident, and this percentage of fault will then be deducted from the settlement for their injuries. In accidents where someone was jaywalking or entering traffic against the lights, legal support will still work to get the best settlement possible.
Pedestrian Accident Cases Going to Trial
Most pedestrian accident cases are settled outside of the courtroom, but sometimes, the at-fault party’s insurance will not agree to a fair settlement. In this case, you may choose to file a lawsuit for your pedestrian accident claim, which may add significant time to your overall settlement process, including hearings, trial preparation, and the court’s schedule and caseload. You will want to be sure to file your claim before your statute of limitations lapses.
In South Carolina, the statute of limitations for pedestrian accidents (personal injury claims) is 3 years from the date of the accident. Failing to file a claim within this timeframe may forfeit the right to seek compensation. Seeking legal advice from a pedestrian accident attorney can help with filing claims on time and settling your case quickly.
At any time, the at-fault party may consider alternative dispute methods to resolve a pedestrian accident case outside of the courtroom. Settlement negotiation methods like mediation or arbitration may occur any time throughout the stages of litigation.
What You Could Be Awarded for Pedestrian Accident Settlement
The goal of a pedestrian accident settlement is to secure adequate compensation to address your losses. The amount you could be awarded in a pedestrian accident settlement will vary greatly depending on the specifics of the accident, the severity of your injuries, and the negligence of the at-fault party. A lawyer can help you calculate your losses, including but not limited to any medical expenses, lost income while recovering, diminished earning power based on long-term injuries, and pain and suffering.
Pain and suffering is part of a category of non-economic damages, reflecting intangible losses. While this category does not have a direct economic value, your lawyer can help assign a monetary value to compensate you. Some compensations that fall under this category include:
- Pain and suffering
- Psychological and emotional trauma
- Loss of quality of life
- Disfigurement
- Injury to reputation
- Physical pain and impairment
Hiring a Pedestrian Accident Lawyer to Help with Settlements
Pedestrian accidents are often devastating events that have long-lasting impacts on the injured party and their family. Navigating a civil lawsuit alone during such a challenging time can be daunting. Engaging a pedestrian accident attorney will afford you the opportunity to concentrate on recovery.
With how long pedestrian accident settlements can take, do not waste time getting help from a personal injury attorney at Shelly Leeke Law Firm. Our legal team will be there to fight for your rights to fair compensation. Contact us for a free case consultation today.
