How long does it take to make a Villages Pedestrian Accident Claim? | Guy S. DiMartino DC, JD, PA

There are two factors that will drive the length of your pedestrian accident claim. The first factor is liability and the second factor is the nature and extent of your injuries.

Liability

If the driver of the vehicle or other object that hit you admits that they are responsible for the accident, then the first prong of a personal injury claim is met without a dispute. However, if the driver takes the position that you jumped in front of his vehicle and you are at fault or partially at fault of the accident, this adds a layer of complexity.

If such a dispute should develop, it may require expert testimony including engineers that are needed to establish time, distance and speed of the vehicle and you. The more layers of dispute and complexity, the longer your case will take.

This brings up the question – if you are partially at fault for the accident – are you still able to receive compensation for your injuries?

The simple answer is yes. Florida is a pure comparative fault state, which means that any damage award will be reduced proportionally by your percentage of fault. When comparative fault becomes an issue, the timeframe for your claim will go up because your case may need to go to court so the jury can determine the parties percentage of fault.

Injuries from the Accident

The nature and extent of your injuries and the length of treatment is the second big factor in the length of time these cases take. If there is no dispute over who is at fault for the accident, your claim can probably be settled within two or three months after you are released from active treatment or reach a point of maximum medical improvement.

Your injury accident lawyer cannot submit your settlement demand to the drivers insurance company until he knows that you have completed treatment because once you settle your case – your case is finished.

If you were to settle your claim prematurely and a few months after you settle, your doctor tells you that you need additional treatment or another medical procedure, the claim cannot be reopened.

Even if the facts of the accident are not in dispute, the insurance company can take issue with your injuries. For instance, the insurance adjuster may try to blame an underlying medical treatment or prior injury as a cause for your current problems. When these issues arise, the length of time to resolve your Villages pedestrian injury claim will be longer.

If Your Pedestrian Injury Claim is Clear Cut

If the facts of the accident are clear cut and your injuries are well defined, on average, you can expect your claim resolve within 60-90 days after you are released from care.