How Long Does a Pedestrian Accident Case Take?

Motor Vehicles Accidents - August 26, 2021

Pedestrian accidents that occur in Illinois often result in significant injuries for those involved. When a pedestrian is injured due to the careless or negligent actions of another driver, they should be entitled to various types of compensation. However, securing this compensation can be challenging and take some time. Here, we want to look at both the insurance settlement timeframe and the personal injury trial timeframe when it comes to securing compensation after a pedestrian accident in Illinois.

Working Through the Insurance Carrier Process

Most pedestrian accidents that occur in Illinois will be resolved through settlements with insurance carriers. However, that does not mean that the process will be easy. 

Insurance carriers are notoriously difficult to deal with when it comes to injuries and accidents. It is not uncommon for insurance carriers to make low settlement offers to pedestrian accident victims. In some cases, insurance carriers will dispute liability in the incident, which could lead to significant delays.

In a best-case scenario, a pedestrian crash victim would receive compensation from an at-fault party’s insurance carrier within a few weeks or a month after the incident occurs. However, if the insurance carrier disputes the cause of the crash or how much compensation they should pay, the claim could drag out for months or even more than a year. 

Ultimately, if the insurance carrier refuses to offer a fair settlement, it may be necessary for an Illinois pedestrian accident victim to file a personal injury lawsuit against the at-fault party to recover the compensation they need.

The Possibility of a Personal Injury Lawsuit

In the event a personal injury lawsuit becomes necessary, we need to point out that the Illinois personal injury statute of limitations is two years from the date an accident occurs. If a victim fails to file a lawsuit against the alleged negligent driver within this timeframe, they will lose the ability to recover the compensation they need.

After a pedestrian accident victim and their attorney file a lawsuit, the discovery phase will begin. This is the time where attorneys for both sides will exchange evidence and information and continue the investigation into the incident if necessary. The vast majority of lawsuits are resolved before the case has to go all the way to trial. However, this may not happen until after extensive periods of negotiation back and forth. 

A personal injury lawsuit could take more than a year to resolve. If a pedestrian accident claim has to go to trial, the injury victim will have to wait for the case to come up on the docket to be heard in front of a jury. This could take several years to occur, depending on how backed up the court is.

A Pedestrian Accident Lawyer Can Help

If you or somebody you care about has been injured in a pedestrian crash caused by the actions of another driver in Illinois, you need to work with a skilled attorney as soon as possible. A Chicago pedestrian accident lawyer will be able to handle every aspect of your claim. They will have a thorough understanding of the timeframes involved, and they will be able to help push your case forward as fast as possible while also helping to ensure that you recover maximum compensation for your losses.