How Long Does a Pedestrian Accident Case Take?

Posted in Pedestrian accident,Personal Injury on November 8, 2021

If you or somebody you care about has sustained an injury in a pedestrian accident caused by the actions of another driver, you should be able to recover compensation for their losses. However, pedestrian accident claims in Tennessee can take time to reach a conclusion. Here, our pedestrian accident lawyers discuss the various factors that can affect the length of a pedestrian accident claim, specifically examining the difference between a settlement with an insurance carrier and taking the case to trial.

The Timeframe for a Pedestrian Accident Insurance Settlement in Tennessee

The vast majority of pedestrian accident cases will reach resolutions through settlements with insurance carriers in Tennessee. Typically, this will mean a settlement with the auto insurance carrier of the at-fault driver in the case.

Settlements with insurance carriers can take anywhere from a few weeks to a few months, though there are situations where an insurance settlement could drag out for more than a year. Every party involved in these cases will conduct an investigation into the incident in order to determine fault. This will include the insurance carrier for the at-fault party. Their insurance claims adjuster will make contact with every party, and they may even visit the accident scene to gain a thorough understanding of what happened.

Please understand that insurance carriers do not want to hand out money to injury victims, and they will likely offer a very low settlement at first. The low settlement offer is made in the hopes that the injury victim will simply take the money and be done with the claim. However, this is where the negotiation should begin. A skilled pedestrian accident lawyer in Tennessee can negotiate on behalf of the injury victim and work towards recovering maximum compensation. This negotiation process could take a few months to resolve, particularly if liability is disputed.

The Timeframe for a Pedestrian Accident Trial in Tennessee

In the event, the at-fault party’s insurance carrier refuses to offer a fair settlement, or if they deny the claim altogether, it may be necessary for the injury victim to file a personal injury lawsuit in order to recover compensation. All personal injury claims in Tennessee must be filed within one year from the date an accident occurs.

After a personal injury claim is filed for a pedestrian accident case in Tennessee, the discovery process will start. This is the time where both parties will exchange information related to the case, and depositions may also occur. The discovery process can drag out for extended periods of time. Most personal injury cases filed in civil court are not resolved within a few months. Rather, we are looking at the timeframes of a year or more when it comes to these cases.

Most personal injury civil lawsuits are resolved before they go all the way to trial after extensive investigations and negotiations between the parties involved. If a case does extend to a jury trial, the matter may not be resolved for a few years after the injury occurs.

However, it is important to understand that this lengthy personal injury trial process may be necessary in order to ensure that the pedestrian injury victim is treated fairly throughout the entire process and that they receive the compensation they are entitled to.