What to Expect During the Negotiation Phase of a Pedestrian Accident Case

Are you dealing with a pedestrian accident settlement situation in Atlanta? Atlanta is one of the most dangerous cities for pedestrians in the United States.

When recovering from a pedestrian accident in Atlanta, victims are left dealing with medical costs, pain, and several other bills. Once the dust settles, you will enter the negotiation phase of your case. In this phase, you will need the help of a pedestrian accident lawyer in Atlanta. Sometimes, you might settle without going to court, or you may end up in a trial. 

In this article, we will discuss what to expect during this negotiation process. 

What Is a Pedestrian Accident Settlement?

In general, a pedestrian accident is a type of personal injury that happens due to the carelessness and negligence of someone else. Basically, the individual strikes you (the pedestrian) with a motor vehicle.

Primarily, pedestrian accidents lead to serious physical and emotional injuries. Apart from that, they might also bring substantial financial losses to the victim (lost wages, medical bills, etc.).

Hence, if you have faced a pedestrian accident, you might opt for a pedestrian accident settlement. This is because you deserve compensation for the damages that you faced due to someone else’s mistake.

Therefore, in those cases, you have to contact an experienced lawyer, who will take the necessary steps to ensure a pedestrian accident settlement for you.

What Is the Negotiation Phase of a Pedestrian Accident Settlement?

Negotiation for pedestrian accident settlement begins after your lawyer has collected enough evidence to understand the value of your claim. This is mostly after receiving medical treatment. 

Instead of going to trial, most pedestrian accidents are resolved through negotiations with the at-fault driver’s insurance company. Negotiation is simpler, takes less time, and is not very stressful for all the parties involved. 

Getting Ready to Negotiate

One thing to expect is thorough preparation. As mentioned, your lawyer will collect enough evidence to build a pedestrian accident settlement case. This is done by compiling your:

• Medical records
• Police reports
• Witness statements
• Photos from the scene
• Proof of lost income, such as pay stubs

Apart from that, your lawyer will also calculate non-economic damages like pain and suffering. 

After everything is ready, your lawyer will then send a demand letter to the insurance company. Basically, this letter will state what happened during the accident. Also, it will explain (with evidence) why the driver is at fault and how much compensation you actually deserve.

The Back and Forth Process

After receiving your demand letter for the pedestrian accident settlement, the insurance company will review it. Most likely, they will send an offer. The first offer is often low, so don’t be surprised. The starting figure is typically far below what your case is really worth, hoping that you will accept it easily. 

This kicks off the negotiation process. Your lawyer will go back and forth with the insurance company, arguing for a fair settlement. This may take time. Meanwhile, if you have an experienced attorney, you will not have the pressure of accepting less than what you actually deserve.

How Long Does a Pedestrian Accident Settlement Take?

Primarily, pedestrian accident settlements greatly vary in length. Apart from that, they depend on a variety of factors. The following are the major factors that might decide the length of your pedestrian accident settlement:

1. The Injury’s Severity

A big factor that decides the length of pedestrian accident cases is the severity of the victim’s injury. For instance, if you face a minor crash, you (the victim) will only suffer from basic scrapes and bruises. However, if the collision is serious, you might face severe physical and mental issues.

2. Medical Expenses, Lost Wages, and Financial Issues

If you face a severe injury, your medical expenses will be really high. Hence, a settlement will compensate and reimburse you for all these costs. 

Apart from that, you will also have to factor in lost wages for the recovery period. Also, as a victim, you might never be able to return to work. In those cases, a pedestrian accident settlement will reimburse you.

3. Impact on The Quality of Life

If you face a permanent injury, it will significantly affect the quality of your life. Hence, this will become a compensation value. In this case, you will be able to recover non-economic damages in case you face a serious injury.

4. Insurance Coverage and Liability of the Perpetrator

The compensation that you will receive will come from the at-fault driver’s insurance policy. Apart from that, the compensation also depends on how much liability the perpetrator has for the accident. 

When to Settle or Move Forward? – Making a Strong Decision

At the end, your lawyer will have to decide whether to accept the final offer or take the case to trial. In general, most pedestrian accident settlements in Atlanta are settled out of court. However, sometimes insurance companies just won’t give in. 

In this case, if the offer is too low or doesn’t fully cover your damages, the best option would be to file a lawsuit.

Basically, a good lawyer will always weigh the pros and cons beforehand. Apart from that, they will also take time to explain the risks of going to trial. Moreover, they will also discuss the major benefits of settling to help you choose the best option. 

Moving Forward with the Negotiation

In general, the negotiation phase is the most critical part of any pedestrian accident settlement. This is where most of the work happens to ensure all victims get fair compensation. Even though this process might be slow, you must work with an experienced attorney. This will make a big difference in the outcome of the settlement.

Do you want to suggest tips on how to negotiate for a pedestrian accident settlement? Please share your ideas and opinions in the comments section below.

Read Also:

• 8 Factors to Consider When Looking for a Lawyer
• What Sets a Great Criminal Lawyer Apart in High-Stakes Cases
• Leases, Laws, and Liability: A Holistic Legal Guide to Financial Security for Renters