Even if you look both ways before crossing the street, pedestrian accidents can happen without warning. A busy driver may run a red light on the way to work, or an intoxicated motorist might swerve off the road and onto the sidewalk. Such accidents can be devastating because nothing can protect you from 2,000+ pounds of speeding steel.
If you’ve been hit by a car in Philadelphia, you may wonder, “How long does it take to settle a pedestrian accident?” We explain the general timeline below.
Timeline for Pedestrian Accident Cases in Philadelphia, PA
All accident cases are different, but many settle within 1.5 years. Here’s how the process of settling your claim works.
The Investigation Process
When you first reach out to an attorney, they’ll begin investigating and gathering evidence for your case. This may involve talking to witnesses, combing the accident scene for clues, talking with accident reconstructionists, and calculating damages.
Your lawyer will also determine negligence. Per Pennsylvania’s comparative negligence rule, you can’t recover damages unless you’re less than 51% at fault.
Seeking Medical Care
It’s smart to seek medical attention after a pedestrian accident in Philadelphia, even if you think you’re unhurt. If you don’t do this, the other party’s insurance company might offer you a lower settlement — or none at all.
If you carry car insurance with personal injury protection (PIP), it will pay a portion of your medical bills. By law, you must have at least $5,000 of PIP.
Your health insurance will take over once you’ve used up your PIP. Your doctor will send you a bill for any outstanding charges. These charges become part of your damages.
Drafting a Demand Letter
Your lawyer will advise you to wait until you’ve reached maximum medical improvement (MMI) before sending a demand letter to the at-fault party’s insurance company. This means you’ve recovered as much as you can, and doctors don’t think you’ll improve further.
In addition to your medical costs, you can demand compensation for lost wages, emotional distress, and pain and suffering.
Once your lawyer has sent a demand letter, settlement negotiations begin. At this point, many clients start to wonder, “How long does it take to settle a pedestrian accident?”
Unfortunately, there is no clear-cut answer. Negotiations can take a few weeks, several months, or longer.
Proceeding to Trial
If negotiations fail, you’ll need to proceed to a court trial. Per our state’s statute of limitations, you have two years from the date of the accident to file a lawsuit for a pedestrian accident.
Going to trial can delay your settlement by a few months or more.
Contact a Pedestrian Accident Lawyer Now
Pedestrian accident cases can take longer than you’d like to settle, but our Philadelphia attorneys will fight hard for a speedy recovery. If you’re still wondering, “How long does it take to settle a pedestrian accident?” call the Law Offices of Eric A. Shore at 215-627-9999 for a consultation today.
