Though every case is unique at the end of the day, most Tennessee pedestrian accident cases resolve somewhere between a few months and two years depending on the complexity of the situation. Straightforward cases with clear liability and moderate injuries tend to settle faster, while cases involving severe injuries and uncooperative insurance companies can take considerably longer. Your Nashville pedestrian accident attorney can give you a better estimate once they’ve had a chance to review the specific facts and circumstances of your case.
Until then, read on for a breakdown of the key stages involved and what tends to affect the timeline along the way.
The Insurance Claim Stage
Most pedestrian accident cases in Tennessee start with an insurance claim against the at-fault driver’s liability policy. Your auto accident lawyer in Nashville will investigate the accident, gather evidence, calculate your damages, and send a demand letter to the insurance company. From there, negotiations begin in earnest.
If liability is clear and the insurance company is willing to negotiate in good faith, this stage can sometimes wrap up in a matter of months. In other cases, the insurer may drag its feet and make settlement offers that don’t come close to reflecting what your case is actually worth. When that happens, a lawsuit may be the next step.
Filing a Lawsuit and Discovery
If settlement talks don’t produce a fair result, your attorney can file a lawsuit in the appropriate Tennessee civil court. Keep in mind that the state’s one-year statute of limitations means this step has to happen within twelve months of the accident in most cases.
Once a lawsuit is filed, the case enters the discovery phase. This is where both sides exchange evidence, take depositions, and gather the information they need to prepare for trial. Discovery can take several months or longer in relatively complicated cases. Settlement negotiations can still continue throughout this process as well, however, and many cases do resolve before ever reaching a courtroom.
Reaching Maximum Medical Improvement
One factor that often affects the timeline is your medical treatment. In many cases, it makes sense to wait until you’ve reached what’s called maximum medical improvement (MMI) before settling. MMI is the point at which your doctors determine that your condition has stabilized and isn’t expected to improve further with additional treatment.
Settling before you reach MMI means you might not know the full extent of your injuries or what future care you’ll need. Waiting gives your attorney a clearer picture of your long-term damages so they can pursue a number that actually covers everything.
Trial
If a settlement still can’t be reached after discovery, the case goes to trial. Trials add the most time to the process and can take anywhere from a few days to several weeks depending on how complex the issues are. Including the lead-up, a case that goes all the way through trial could take a year or more after the lawsuit is filed.
That said, most pedestrian accident cases never make it this far. The majority settle at some point during the settlement negotiation process.
Contact Woodard Injury Law To Learn More About Your Legal Rights and Options
How long your case takes depends on the facts, but one thing is certain: the sooner you get started, the sooner you can move toward a resolution. Call Woodard Injury Law today at (615) 640-3648 or send us a message online to schedule a free consultation and learn what to expect with your claim going forward.