The time it takes to settle a Denver pedestrian accident claim varies on a case-by-case basis. The resolution of a case depends on many factors including the severity of your injuries, the amount of damages you’re seeking, and how long it takes the insurance company to respond to your claim, among other factors. No attorney can tell you exactly how long it will take for your claim to be resolved, but they can help guide you through the process and make you aware of what to expect.
Claim Settlement Process in Pedestrian Accidents
The claim settlement process in your pedestrian accident begins as soon as your attorney submits your claim for compensation to the at-fault driver’s insurance. To submit an accurate request for compensation, your attorney will need evidence that establishes the at-fault party’s liability. Evidence to help strengthen your claim may include:
- Official accident and police reports
- Witness statements
- Photographs of the scene and/or your injuries
- Traffic camera footage
- Surveillance videos from nearby businesses
- A copy of your treatment plan
- Evidence of your lost wages
- Notes from your doctor detailing the extent of your injuries and the impact they may have on you going forward
- Medical bills and other related costs
The next step in the process is negotiations. The insurance company will review your claim and assess the evidence you and your attorney provided. They will use this to make their initial offer. Your attorney may choose to counter the offer by asking for more money or other modifications to the insurance company’s initial offer. This process can go back and forth until both parties reach a mutually acceptable settlement amount.
If you cannot settle on a fair offer you and your attorney may choose to elevate your claim to litigation. This means your case will be presented in front of a judge or jury and they will decide if there is enough evidence to award compensation. If your claim goes into litigation, it can take much longer for it to be resolved.
Factors That May Complicate The Settlement Process
While some claims can be settled fairly quickly, some factors can complicate and slow down the settlement process. These factors may include:
- Liability disputes – in case of liability disputes, an in-depth investigation will be conducted involving law enforcement, accident reconstruction specialists, medical professionals, and witnesses, as well as lawyers from both sides. This process can be especially time-consuming and may lead to delays in your claim.
- Involvement of multiple parties – additional parties may be involved in your pedestrian accident beyond just you and the driver, such as other pedestrians, bicyclists, motorcyclists, government entities, or manufacturers. If these other parties share responsibility for the accident you may be dealing with multiple insurance companies, which can cause significant delays in the process.
- Settlement disputes – Disagreements over settlement amounts can arise if the insurer disputes the compensation amount requested or specific expenses, like medical bills, or non-economic damages like pain and suffering. Your lawyer will handle negotiations with the insurance company and, if necessary, they will initiate legal action if the insurance company fails to respond.
Contact our firm today to schedule a free case consultation and learn about your legal options.