In Missouri, a pedestrian accident claim typically can take as little as a few weeks or months, but can also take several years, depending on the seriousness of your injuries, whether you were partially at fault, or if multiple parties are involved.
The complexity of your claim is a major factor, and you also may have to contend with the possibility that the insurance company is deliberately using to tactics to delay, devalue, or even deny your claim.
Below, our experienced Missouri pedestrian accident lawyers outline each of the factors you will need to take into consideration.
Factors Which Impact The Time a Pedestrian Accident Case Takes to Settle
Here are the main factors that could potentially delay a settlement—helping you understand how to act promptly and avoid setbacks.
How Complex The Claim is
The details involved in a pedestrian accident can significantly impact the duration required to achieve a settlement. The settlement procedure may take longer in cases involving multiple parties or shared liability, as these situations typically require thorough investigations and the gathering of substantial evidence.
When conflicting claims of fault arise, determining liability in a pedestrian accident claim can become an especially time-consuming process.
Here’s an example that illustrates the earlier point. A car struck a pedestrian who was crossing the street at night. The driver claims that the pedestrian crossed against the signal, while the pedestrian asserts he had the right-of-way.
In situations with conflicting accounts, additional parties may need to be involved. For instance, expert witnesses—such as accident reconstruction specialists—might be called upon to analyze skid marks, vehicle damage, and traffic patterns to help establish faults.
Other specific legal complications—such as missing police reports, medical records, financial claims, or witness statements—can also delay the settlement.
The Seriousness of Your Injuries
The severity of physical injuries sustained in a pedestrian accident can significantly delay a claim. Cases involving severe injuries often necessitate extensive medical documentation and ongoing assessments to fully understand the long-term effects, which may prolong the settlement process.
Claims involving only minor injuries are often resolved quickly—sometimes within a few weeks. However, it is essential to assess all levels of injuries, regardless of their severity. Injuries that initially seem minor can lead to significant long-term complications.
Whether or Not The Insurance Company is Dealing in Good Faith
Insurance companies may try to deny your claim or delay settlement negotiations so that you agree to any type of agreement that benefits them. Such an approach is a common tactic used to eliminate or reduce payouts.
Another common tactic is to start with a low settlement offer, hoping you’ll accept it right away. If you don’t, the process can drag out, as they will take their time to review your response or ask for more documentation—delaying things even further.
Additionally, they might attempt to unfairly shift the blame on you, in another attempt to limit the amount they are required to pay out.
How Legal Guidance Can Speed Up Your Case
Our experienced Missouri pedestrian accident attorneys at Beck & Beck Missouri Car Accident Lawyers are familiar with the insurance companies tactics and the essential steps required to build your case and potentially speed it up. These steps include:
- Gathering evidence
- Completing necessary forms
- Communicating with insurance companies.
Acting promptly is necessary, since there is a timeframe in which a claim must be filed. According to the Missouri statute of limitations, the deadline to file a claim is generally five years from the date of the incident.
To meet this deadline, you will need to provide all relevant evidence, including police reports, medical records, and witness statements.
The Process of a Pedestrian Accident Claim
To understand how a settlement of a pedestrian accident can be delayed, it is necessary to have a context of how the whole process works.
1. Ensure Your Own Safety and Get Medical Attention
After a pedestrian accident, the most important step is to ensure that everyone is okay. It is essential for all parties involved to seek medical attention, regardless of how serious the injuries may appear. Some injuries that initially seem minor can lead to significant complications later on.
Following the medical evaluation, be sure to keep all medical report records. These documents serve as crucial evidence and can strengthen your case considerably.
2. Consult With an Attorney Specializing in Pedestrian Accident Claims
To ensure that you come to a fair settlement, it is recommended to have the legal support of an attorney who specializes in pedestrian accident injury claims. The attorney can negotiate with the insurance companies to reach an agreement, assist you in obtaining all necessary documents, and ensure that the claim is filed on time.
3. Submit a Claim
All parties involved in the accident must file a claim. When filing your claim, it is essential to gather all relevant evidence, including police reports records, witness statements, photographs and videos of the accident and the surrounding area, as well as medical records and bills.
Collecting this information provides your case with a solid foundation.
4. Insurance Claim Review
When the insurance companies receive your claim, they will begin investigating the accident. In some cases, they may send their own investigators or adjusters and request additional information or evidence to establish liability.
5. Settlement Negotiation
After the insurance company reviews the claim, it will start the negotiation phase. Usually, the first offer is low, leading to multiple rounds of demands and counteroffers. Your attorney will handle the negotiations, using evidence to argue for fair compensation on your behalf.
6. Escalating the Claim to a Lawsuit
If the insurer and the victim do not reach a settlement agreement after making several counteroffers, it will be necessary to file a personal injury lawsuit. Typically, after the lawsuit is filed, insurance companies will feel the pressure and may resume the settlement process before proceeding to trial.
7. Case Investigation Phase
In case the pedestrian accident lawsuit moves forward, it will be necessary to investigate the opposing party’s claims and defenses. In this stage, both sides will exchange evidence and relevant documents while also conducting depositions of involved parties, witnesses, and experts to strengthen their cases.
8. Settlement discussions
The ideal outcome in a pedestrian accident case is to reach a settlement without going to trial. While working toward that goal, the attorney will continue negotiating with the other party. In some cases, courts may require both sides to participate in mediation, where a neutral third party facilitates discussions to help them reach an agreement.
9. Taking the Case to Court
When negotiations fail and a settlement agreement cannot be reached, the next step is to take the case to trial. The length of a pedestrian accident trial can vary from one day to several weeks, depending on the complexities involved.
In the courtroom, the judge or jury plays a crucial role in determining the defendant’s liability. They will carefully assess the evidence to establish fault and decide on the appropriate compensation to be awarded to the plaintiff.
Even if a judgment is made in your favor, it’s essential to understand that the defendant has the right to file an appeal. This process can considerably extend the timeline, potentially adding several months to your case.
10. Settlement Agreement
Once a settlement agreement is reached through negotiations or court proceedings, insurance companies typically send the compensation within a few weeks to a month.
Experienced Missouri Pedestrian Accident Injury Attorneys
If you have been involved in a pedestrian car accident in Missouri, it is crucial to understand your legal rights and take immediate action to secure a fair settlement. At Beck & Beck Missouri Car Accident Lawyers, our award-winning pedestrian accident attorneys Paul Beck and John Beck take the time to listen to your experience and provide personalized support tailored to your needs.
For over three decades, we have successfully helped victims of pedestrian accidents in several cities across Missouri, including Independence, O’Fallon, St. Louis, Florissant, Jefferson City, Springfield, Joplin, and more.
We are here to answer your questions, ease your concerns, and fight for the justice you deserve—while keeping you informed and supported every step of the way.
Contact us today to receive a free initial consultation on your case.
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