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

Settling a pedestrian accident claim can take anywhere from a few months to several years. The exact timeline depends on the severity of injuries, clarity of fault, insurance policy limits, and whether a lawsuit is filed.

On average, most claims are resolved within six months to one year, but serious cases involving litigation can take longer. If you’re involved in a pedestrian accident settlement, understanding the process and timeline helps you prepare for what to expect.

At Saeedian Law Group, we’ve helped injured pedestrians across California secure fair settlements after devastating accidents. With over 16 years of experience and millions recovered for our clients, our pedestrian accident attorneys know how to handle insurance companies, build strong claims, and fight for maximum compensation. Contact us today for a free consultation.

This blog breaks down how long pedestrian accident settlements typically take, what factors influence the timeline, and the steps you can take to speed up the process.

What Is a Pedestrian Accident Settlement?

A pedestrian accident settlement is a financial agreement between an injured person and the at-fault party’s insurance company in a pedestrian accident claim. Instead of going through a trial, both sides negotiate a payment that fairly compensates the pedestrian for their injuries and losses. Once they reach a fair settlement, the case is closed. Consequently, the injured party gives up the right to pursue further legal action for the same accident.

The goal of such settlements is to cover both economic and non-economic damages. These may include medical bills, lost wages, pain and suffering, emotional distress, property damage, and other out-of-pocket expenses. These damages are combined to determine the settlement amount, which should reflect the full impact of the accident on the pedestrian’s life.

After the accident, the pedestrian or their attorney submits a demand letter for their claim. The letter details the injuries, medical costs, lost income, and other damages. Afterwards, the insurance adjuster reviews the claim and makes a lower counteroffer. This back-and-forth negotiation can take weeks or months.

Upon a successful negotiation, the at-fault driver’s insurance company is typically responsible for paying for the claim on the driver’s behalf. But if negotiations fail, the case may proceed to court. However, most pedestrian accident claims resolve through settlement rather than trial.

How Long Does It Take to Settle a Pedestrian Accident?

On average, a pedestrian accident claim can take six months to one year to settle. While some cases may resolve in just a few months, others take several years if litigation is involved. The exact timeline depends on the severity of the injuries, the complexity of the case, and how willing the insurance company is to negotiate. Let’s break the timeline down into key phases in the process and how long they’re likely to take.

The settlement process typically starts once the injured pedestrian reaches maximum medical improvement (MMI). For minor injuries, it may take a few weeks. For serious injuries, treatment and recovery may last up to a year or longer before negotiations even begin.

Then, collating information and gathering evidence takes between one to three months. Here, attorneys and insurance adjusters review police reports, medical records, witness statements, and any available video evidence. From their findings, they calculate the damages. The speed of this phase depends on how quickly medical records and other documents are obtained. Once damages are calculated, the pedestrian’s attorney sends a demand letter to the insurance company.

The insurer typically takes several weeks to review the claim before responding with an offer. Most cases involve back-and-forth negotiations between the injured party and the insurance adjuster. Sometimes a settlement can be reached quickly, but if the insurer resists paying fair compensation, this stage can stretch longer.

If settlement negotiations fail, the case may go to court. Filing a lawsuit, going through discovery, and waiting for a trial date can extend the process by one to two years or more, depending on the court’s backlog and case complexity.

What Influences How Long Pedestrian Accidents Take to Settle?

The pedestrian accident settlement timeline depends on a number of factors. If you’re involved in such a settlement, understanding these factors will help you know what can speed up or slow down the claims process.

• Severity of Injuries and Recovery Time – One of the biggest factors is how serious the pedestrian’s injuries are. Minor injuries may heal within weeks or months, allowing faster resolution. On the other hand, severe or long-term injuries may delay settlement for a year or more while ongoing medical treatment and future costs are assessed.
• Clarity of Fault or Liability – Cases where the fault is clear (for example, a driver running a red light) often settle faster. However, if there’s a dispute over who caused the accident or if multiple parties are involved, investigations take longer. Moreover, the stronger the evidence, the clearer the fault, and the lesser the pedestrian accident claim timeline.
• Insurance Company Practices – Insurance companies may intentionally delay settlement by disputing claims or making lowball offers. Some insurers negotiate quickly to avoid legal costs, while others drag out the process, hoping the injured pedestrian will accept less. That’s why it’s recommended to work with an experienced personal injury lawyer who understands how to handle the negotiation tactics of insurance companies.
• Amount of Damages Claimed – Claims involving smaller damages are usually resolved more quickly. But if your claims involve high medical bills, permanent disability, or significant lost wages, it’s more likely to undergo more scrutiny from insurers. Therefore, high-value settlements are more likely to involve claims disputes or extended lawsuits.
• Whether a Lawsuit Is Filed – If settlement negotiations fail and the case goes to court, the timeline extends dramatically. Lawsuit involves formal discovery, motions, depositions, and trial scheduling, which can add 12–24 months or more.

How to Potentially Speed Up the Settlement Process

While you might not be able to guarantee a quick settlement, there are several steps you can take as an injured pedestrian to make the process faster. Here’s a summary of the steps you can take:

1. Seek Medical Treatment Immediately and Follow Through

Prompt medical care not only protects your health but also creates a clear record of your injuries. Insurance companies move faster when you provide consistent documentation showing the extent of harm. On the other hand, missing medical appointments or delaying treatment can raise doubts and slow down settlement negotiations.

2. Gather and Preserve Strong Evidence Early

The sooner evidence is collected, the better. This includes police reports, photos of the accident scene, witness statements, and medical records. For example, you don’t have to wait until you recover fully. Once you’ve reached maximum medical improvement, the settlement discussion can start. Having thorough documentation upfront allows your attorney to prepare a strong demand package without delays caused by missing information.

3. Work With an Experienced Pedestrian Accident Attorney

Yes, you should get an attorney to handle the claims process. An experienced pedestrian accident lawyer knows how to gather the right evidence, negotiate aggressively with insurance companies, and push back against delay tactics.

They also understand how to calculate fair compensation, which helps avoid stretched disputes over the value of the claim. Throughout the settlement process, stay in touch with your attorney for legal guidance to be sure nothing slips through the cracks.

4. Be Realistic in Settlement Expectations

It’s always great to go for the maximum compensation you can get. But while you do so, holding out for an excessively high settlement can stall negotiations. So, it’s best to accept a reasonable offer as long as it covers your damages, rather than pushing for unrealistic numbers.

5. Cooperate With the Insurance Process

Granted, insurers may play some delay game. However, you can also add to the delay if you refuse to reasonably cooperate with them. Make sure you provide the requested information as early as possible to prevent the insurance adjuster from slowing things down unnecessarily.

6. Consider Mediation Before Litigation

Even if negotiations are delayed or fail, mediation can sometimes provide a middle ground. This process is generally faster than waiting for a trial and may help both sides reach a resolution without years of litigation.

What if Your Pedestrian Accident Case Fails to Settle?

Although most pedestrian accident cases are resolved through settlement, not every case reaches an agreement. When negotiations fall through, pedestrian accident victims still have the option of filing a pedestrian accident lawsuit against the at-fault driver. If that’s your case, you need to understand what follows so you can prepare ahead and maximize your chances in the legal process.

The lawsuit formally begins the litigation process and brings the case into the court system. Meanwhile, filing a lawsuit often pressures the insurance company to take the claim more seriously. Sometimes, they might even reconsider and restart negotiations to avoid the lawsuit.

Once a lawsuit is filed, both sides enter the discovery stage. This involves exchanging evidence, taking depositions, and gathering expert testimony. Discovery can last several months to more than a year, depending on the complexity of the case and the court’s schedule.

During litigation, attorneys may file motions to exclude evidence or dismiss certain claims. The court does these activities in hearings, which can delay the process but also help narrow down the issues that will go before a jury.

Note that settlement is still possible even after filing a lawsuit. Both parties can settle through mediation or arbitration to reach an agreement without the time and cost of a full trial. Courts often encourage these alternative dispute resolution methods before settling for a trial as last resort.

If the mediation or arbitration is unsuccessful, the case goes to trial. A judge or jury will hear the evidence and decide whether the pedestrian should be awarded compensation. They also decide how much damage should be paid. Trials can last days to weeks, but scheduling one often adds months or years to the overall process.

What Is the Average Settlement for a Pedestrian Accident Claim?

Most pedestrian accident settlements fall within a broad range of $10,000 to $100,000 and above. However, there’s no fixed average settlement for a pedestrian accident case. The amount depends on various factors such as the severity of the injury, medical expenses, clarity of fault, and even insurance coverage limits.

The more severe the injuries and the clearer the liability, the higher the potential payout. Minor injuries might settle for around $15,000–$40,000, while permanent or severe injuries can lead to settlements well over $100,000. In catastrophic cases, such as those involving traumatic brain injuries or life-altering disabilities, compensation may reach into the millions.

Note that these amounts mentioned above are broad ranges and might not accurately apply to your unique case. If you’re injured in a pedestrian accident, it’s best to speak with our experienced personal injury attorney to assess your case and provide general legal guidance.

Need a Pedestrian Accident Lawyer for Your Claim?

The timeline for settling a pedestrian accident claim can vary widely, depending on the specifics of your case. While many claims are resolved within a year, others may take much longer, especially if high damages or disputes are involved. It’s recommended that you work with a seasoned injury lawyer to avoid unnecessary delays and expedite the process.

If you or a loved one has been injured in a pedestrian accident, Saeedian Law Group is here to help. Our experienced personal injury lawyers in California can guide you through the insurance process, negotiate with insurers, and fight for the full compensation you deserve. Reach out to us today for a free consultation and let us stand by your side every step of the way.

FAQ

Apart from finding out how long the process takes, pedestrian accident claims often raise many other questions, especially about how settlements work and what to expect during the process. Our attorneys with over 16 years of experience have provided comprehensive answers to some of the most common concerns of injured pedestrians as they seek compensation.

Can I Settle a Pedestrian Accident Claim Before My Medical Treatment Ends?

Yes, you can, but it is generally not recommended. Settling too early may leave you without compensation for future medical expenses that arise after the agreement is finalized. Most attorneys advise waiting until you reach maximum medical improvement, especially for extensive medical treatment.

What if the Insurance Company Denies My Pedestrian Accident Claim?

A denial does not end your case. You can appeal the decision or file a lawsuit to pursue compensation through the courts. An attorney can identify why the insurance claim was denied and take steps to challenge it.

Does Fault Affect How Long It Takes to Settle a Pedestrian Accident Case?

Yes. If liability is clear, settlements often move faster because there is little dispute. If the fault is contested, however, the process can take much longer, as evidence must be reviewed and negotiated.

Can Hiring a Lawyer Speed up the Settlement Process?

Yes, an experienced lawyer knows how to gather evidence efficiently, handle negotiations, manage communications, calculate damages, and push back against insurance company delays. This can prevent the case from being delayed and help you resolve sooner.

Are Pedestrian Accident Settlements Taxable?

Generally, compensation for physical injuries and medical expenses is not taxable, according to the Internal Revenue Code § 104(a)(2). However, portions of a settlement related to lost wages or punitive damages may be subject to taxes. It’s best to consult a tax professional for specific guidance.