Our Washington Pedestrian Accident Lawyer Walks You Through the Process and General Timeline of an Injury Compensation Claim
If you were hurt in a pedestrian accident that wasn't your fault, one of your burning questions might be how long it will take you to settle your claim with the negligent driver's insurance company. This is a question many of our clients ask.
Unfortunately, we can't give you a specific deadline for settling with an insurance company because every pedestrian accident case is unique. However, our skilled legal team at Max Meyers Law is totally committed to using our knowledge and negotiation skills to help you pursue a settlement that fully compensates you for your injury-related expenses as quickly as possible.
5 Factors That Affect How Long It Could Take to Settle Your Pedestrian Accident Claim
Some pedestrian accident claims can be settled in a few months, while others may take a year or longer to resolve. Why does the timeline vary so much? There are numerous reasons, so understanding all the potential variables gives you a sense of what to expect when you file a claim for compensation. Here are some key factors that may impact the length of time it takes to pursue and reach a settlement.
1. Severity of Your Injuries
Many people suffer traumatic brain injuries or spinal cord injuries in pedestrian accidents. The more severe your injuries, the longer it might take to settle your claim. This is because you first need to reach maximum medical improvement (MMI).
Your MMI is the stage in your medical treatment when you’ve either fully recovered from your injuries or healed as much as possible. If you’re still recovering, your doctor can give you a prognosis of what future medical treatments you'll need and if your injuries will affect your ability to work. In a personal injury case, your legal team can’t determine your future damages—which directly affects how much compensation you should get in your settlement—until you reach your MMI.
2. Value of Your Claim
Higher-value claims often take longer to settle. Potential compensation is structured based on whether you need more extensive medical treatments, require certain aspects of rehabilitation to reach your MMI, or you’ll require more time off work because of your injuries.
When your claim is worth more, the at-fault driver's insurance company scrutinizes your claim more thoroughly to avoid issuing a higher payout. It may demand more documentation to drag out negotiations. But we’ve fought for the rights of pedestrian accident victims since 1997, and we know how to defeat an insurance company's delay tactics.
3. Disputes with the Insurance Company
If an insurer disputes the cause of your pedestrian accident or claims you were partially at fault for it, your settlement can be delayed. Our legal team may need to collect additional evidence or hire an accident reconstruction or other expert to resolve the dispute.
Another argument an insurance adjuster could raise to drag out the settlement process is that your injuries aren't as serious as you claim. We may need to submit more accident-related health records, hire a medical expert, and pursue other actions before we can negotiate a fair settlement for you.
4. Litigation
The settlement process can be significantly extended if your case goes to court. We’ll need to file a lawsuit on your behalf if the insurance company refuses to offer you a reasonable settlement or the three-year statute of limitation to sue under RCW 4.16.080 will expire soon.
Litigation involves various stages, including discovery, pre-trial motions, and potentially a trial. Each stage can add weeks or months to the overall timeline. However, it’s our goal to reach a settlement with the insurer at some point before a jury trial.
5. Your Attorney
The legal counsel you choose also impacts how long it takes to settle your Washington pedestrian accident claim. At Max Meyers Law, we know what evidence you need to prove your case and will gather it promptly before it's lost or destroyed. Our team also works hard on your case to resolve any roadblocks the insurance company raises so we can expedite reaching the settlement you deserve.
4 Mistakes to Avoid That Could Make Your Settlement Take Longer
No one knows exactly how they’ll react in the moments after a pedestrian accident, so it’s easy to make unintentional mistakes. Here are the pitfalls we recommend you avoid:
- Not getting prompt medical care. Delaying treatment endangers your health and your claim. The insurance company may argue that your injuries aren’t serious or were caused by something other than the accident. Taking care of your well-being right after your accident and following your doctor's advice helps you heal faster and speed up the settlement process.
- Giving a recorded statement. You should be wary when speaking to the insurance adjuster. Don't agree to provide them with a recorded statement. Even if you're careful, you could say something they use against you, making settling your claim take longer.
- Signing a medical release. Signing a medical release for the insurance company could also delay your claim. It might search your medical records for preexisting conditions or other information to deny liability and refuse to pay you.
- Posting on social media. Posting about your accident or injuries on social media also harms your case. The insurance company may review your posts for inconsistencies or evidence contradicting your claim.Not hiring a lawyer. One of the biggest mistakes you can make is not retaining a pedestrian accident lawyer. You could make other errors that give the insurance company more arguments they can use to dispute your claim or settle your claim quickly but for far less than you're entitled to if you’re unrepresented.
At Max Meyers Law, you can trust that we’ll help you avoid mistakes, build a strong case, and fight for the damages you need to rebuild your life.
