[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.buffalolaw.com\/how-long-it-takes-to-settle-a-pedestrian-accident-in-new-york\/#BlogPosting","mainEntityOfPage":"https:\/\/www.buffalolaw.com\/how-long-it-takes-to-settle-a-pedestrian-accident-in-new-york\/","headline":"How Long It Takes To Settle a Pedestrian Accident in New York","name":"How Long It Takes To Settle a Pedestrian Accident in New York","description":"Josie stops for brunch at one of Buffalo\u2019s fabulous eateries. As she crosses the parking lot, a speeding car rockets around the corner and knocks her off her feet. Josie, who\u2019s on her back and nursing a nasty bump to...","datePublished":"2024-07-03","dateModified":"2025-09-17","author":{"@type":"Person","@id":"https:\/\/www.buffalolaw.com\/author\/dwolff\/#Person","name":"David Wolff","url":"https:\/\/www.buffalolaw.com\/author\/dwolff\/","identifier":27,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Cantor, Wolff, Nicastro & Hall LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2024\/07\/how-long-does-it-take-to-settle-a-pedestrian-accident.jpg","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2024\/07\/how-long-does-it-take-to-settle-a-pedestrian-accident.jpg","height":628,"width":1200},"url":"https:\/\/www.buffalolaw.com\/how-long-it-takes-to-settle-a-pedestrian-accident-in-new-york\/","about":["Personal Injury"],"wordCount":618,"articleBody":"Josie stops for brunch at one of Buffalo\u2019s fabulous eateries. As she crosses the parking lot, a speeding car rockets around the corner and knocks her off her feet. Josie, who\u2019s on her back and nursing a nasty bump to the head, wonders, \u201cHow long does it take to settle a pedestrian accident claim?\u201dLearn the answer, plus a few factors influencing the settlement timeline, below.How Long Does Settling a Pedestrian Accident Claim Take?Because all pedestrian accident cases are different, it\u2019s impossible to say exactly how long your case will take to settle. You\u2019ll need to talk to a lawyer to determine the expected timeframe for your case.That said, on average, simple cases usually settle six to 12 months after medical treatment is finished. Cases involving serious injuries and extensive medical bills can take more than a year.Factors Affecting the Pedestrian Accident Claim TimelineHow long does it take to settle a pedestrian accident case? The answer depends on a few factors, including liability, evidence, and the severity of your injuries.The Severity of Your InjuriesThe severity of your injuries matters because your attorney will want to wait until you\u2019ve reached maximum medical improvement (MMI) before settling. Reaching MMI doesn\u2019t mean you\u2019re back to full health. Rather, it means your doctors don\u2019t think you\u2019ll recover further.If your injuries are minor, you may reach MMI in a few weeks or months. Pedestrian accident victims with serious injuries might take more than a year to reach MMI.Pre-Existing ConditionsPre-existing conditions can complicate your claim and extend the settlement timeline. This is because the at-fault party\u2019s insurance company might try to blame pre-existing conditions for your injuries. Your lawyer will need to gather medical records to prove your pre-existing conditions have no bearing on any current injuries.The Evidence Collection ProcessThe other driver\u2019s insurance company isn\u2019t going to pay for your damages without some strong evidence. It takes time to assemble a collection of evidence, and the more complex your case is, the longer evidence gathering will take.Determining LiabilityIt\u2019s usually fairly easy to determine liability in a pedestrian accident. However, the driver who hit you might try to say that the accident was partially your fault. For example, they might claim you ran across the street without using a crosswalk.New York law allows courts to reduce your settlement if you\u2019re partly at fault. If the other driver blames you for the crash, your lawyer must spend additional time minimizing your liability.Settlement NegotiationsNegotiating for a settlement is often the longest part of the process. Once your attorney sends a demand letter, you\u2019ll have to wait for the insurance company to reply. If they don\u2019t accept the demand (which is likely), you\u2019ll need to send a counteroffer.Negotiations go back and forth like this until you and the insurance company reach an agreement. This can take several weeks to a few months.Going to TrialIf the insurance company won\u2019t negotiate or settle, your lawyer might want to go to court. Should this happen, it could take more than a year to close out your claim.How Long Will Your Case Take? Find Out NowHow long does it take to settle a pedestrian accident case? If you\u2019re fortunate, you can wrap up your case in a couple of months. If not, it could take over a year for your settlement check to arrive.To learn more about average settlement times, contact us online or call Cantor, Wolff, Nicastro & Hall LLC at (716) 848-8000 for a consultation with a pedestrian accident lawyer."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"How Long It Takes To Settle a Pedestrian Accident in New York","item":"https:\/\/www.buffalolaw.com\/how-long-it-takes-to-settle-a-pedestrian-accident-in-new-york\/#breadcrumbitem"}]}]