In 2023, Wisconsin has sadly witnessed 30 pedestrian deaths, highlighting the risks pedestrians face on the state’s roadways. If you’ve been a victim of a pedestrian accident, you’re likely concerned about when you’ll receive the compensation you need. Medical bills, lost income, and unexpected expenses can add up quickly.
However, the process of settling pedestrian accident claims in Wisconsin can be complex, with varying timelines. Consulting a Wisconsin pedestrian accident lawyer is your best step to understand the specific timeline of your case.
Let’s delve into the key factors that influence the duration of your claim.
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What Affects the Timeframe of Your Pedestrian Accident Case?
There’s no way to accurately predict exactly how long your pedestrian accident claim might take to settle. However, it pays to consider the factors that can impact the final timeline. Here’s what they are.
1. The Severity of Your Injuries
Usually, accidents resulting in severe injuries take longer to settle. This is because the injuries heal slower, and the long-term effects can show up much later. Settling an accident claim too quickly when there are severe injuries can leave you without adequate compensation.
Besides medical expenses, you can also recover damages for how the accident impacted your daily lifestyle and other pleasures of living. Since these aren’t always apparent right away, you may have to wait weeks, months, or even years to secure a viable settlement.
2. Liability Issues
Wisconsin is a fault insurance state, meaning the person responsible for the accident covers the victim’s injuries. The driver’s insurance company handles most of the settlements, regardless of the pedestrian accident causes.
But that does not mean every insurance company will accept liability. In fact, insurers are notorious for rejecting or limiting payouts. Even if you’re sure the accident was the driver’s fault, they or their insurance company might refuse to agree. In case of a liability dispute, your case can take longer to settle. Your Wisconsin pedestrian accident attorney should be able to tell you more in this regard.
3. Gathering Evidence
Like most personal injury cases, pedestrian accident claims require a ton of evidence, including:
- Eyewitness testimonies
- Medical bills and records
- Expert witness testimonies
- Surveillance footage
- Police reports
- Photos of the scene
If you have strong, irrefutable evidence, your case can close a lot quicker than you’d think. On the other hand, weak or inconclusive evidence may drag your case on for longer as the insurance company might be less willing to make a fair settlement offer.
Gathering evidence for a pedestrian accident in Wisconsin is a tall task, especially when you’re still recovering. You’d want to hire a Wisconsin pedestrian accident lawyer to investigate the incident and build a strong case.
4. Negotiation Skills
Both sides in a pedestrian accident claim (you and the driver) will want to protect their interests. Likewise, both sides must give in a little to reach an agreement. Each party would want to get the most out of the situation and give up as little as possible.
For this, you need a good negotiator to deal with the insurance company in your corner. In most cases, it’s your lawyer. A skillful negotiator is a creative problem solver geared towards seeing results. They’ll know how to identify and confront potential legal issues for a favorable outcome. Your attorney will also sidestep any lowball settlement offers pushed by the insurance company and ensure you get a fair payout.
5. Going to Trial
Trials are rare for pedestrian accident claims. However, if the at-fault party refuses payment, you can take them to court.
Most Wisconsin personal injury actions have a three-year window to file a lawsuit. During this time, your Wisconsin pedestrian accident lawyer will prepare evidence, file legal documents, and partake in pre-trial proceedings. The trial itself can take several days or more, depending on the complexity of the case.
After the trial, the judge or jury will issue a verdict. In case you don’t agree with the outcome, you can file an appeal, which will further extend the case’s timeline.
The Bottom Line
Pedestrian accident claims in Wisconsin come with several moving parts, and each one can impact how long things take to play out. Hopefully, you’ve gained some insight into the factors that can influence the duration of your case. Remember, an experienced Wisconsin pedestrian accident attorney will have your best interests at heart while actively trying to settle your case as quickly as possible.
