After being struck as a pedestrian hit by car in Florida, one of the first questions victims ask is how long does it take to settle a pedestrian accident? While no two pedestrian accident claims are identical, knowing the stages involved provides clarity about the timeline and what to expect.
Below, we outline each phase of the claims process, explain the factors that can accelerate or delay resolution, and emphasize why retaining a Florida pedestrian accident lawyer early is essential.
1. Initial Consultation with a Pedestrian Accident Attorney
The journey begins with a meeting with experienced pedestrian accident attorneys. During this consultation, you’ll:
- Describe the collision and your injuries
- Provide any photos, medical records, or witness contacts
- Review initial police and accident reports
Your lawyer explains Florida’s two‑year statute of limitations and evaluates the viability of your claim. Early legal guidance ensures crucial evidence is preserved and deadlines met.
2. Investigation and Evidence Collection
A thorough investigation underpins every successful claim. Your attorney will:
- Secure photographs and videos of the scene
- Obtain sworn witness statements
- Gather police reports and traffic citations
- Compile comprehensive medical documentation
Prompt evidence gathering is vital, especially in serious pedestrian hit by car cases where details can quickly disappear.
3. Medical Treatment and Health Assessment
Your health recovery directly impacts your claim’s timeline. It’s important to:
- Follow all prescribed treatments
- Retain every medical bill and report
- Document permanent impairments or ongoing therapy
While not all pedestrian hit by car incidents are fatal, every injury deserves careful documentation. For instance, in February 2025 a 71‑year‑old man in Daytona Beach was struck by an 84‑year‑old driver. Although he escaped without life‑threatening injuries, thorough medical records were essential to support his claim. A claim isn’t settled until you reach Maximum Medical Improvement (MMI), ensuring all future costs are accounted for.
4. Negotiation with Insurance Companies
Once damages are quantified, your pedestrian accident lawyer sends a demand package outlining liability and losses. Settlement negotiations can vary widely in duration based on:
- Insurer willingness to negotiate fairly
- Strength of supporting evidence
- Complexity of medical and economic damages
Many claims resolve in this phase without filing a lawsuit, often within 6–12 months.
5. Filing a Lawsuit (If Necessary)
If negotiations stall, your attorney files a formal complaint. Litigation adds layers of discovery — depositions, document exchanges, and motions — which can extend the timeline by another year or more.
6. Trial and Final Resolution
Trials typically take place 12–24 months after filing. During trial, attorneys present evidence and expert testimony. A jury verdict concludes the case unless an appeal is filed.
How Long Does It Take to Settle a Pedestrian Accident in Florida?
There is no one‑size‑fits‑all answer to how long does it take to settle a pedestrian accident claim in Florida. Generally, a straightforward case involving minor injuries and clear liability can be resolved within 6–12 months. More complex claims — those involving serious injuries, disputed fault, or multiple defendants — often extend to 18–36 months or longer. On average, straightforward pedestrian accident claims resolve within a year, but complex cases can stretch three years or more. For example, in March 2025 a woman struck by multiple vehicles on Dale Mabry Highway faced extensive litigation that could significantly extend her case timeline.
Key stages affecting the timeline include:
- Initial Investigation & Demand Preparation (1–3 months): Gathering evidence and calculating damages.
- Negotiation Phase (3–9 months): Exchanging settlement proposals and engaging in mediation.
- Litigation & Discovery (6–18 months): Filing a lawsuit, conducting depositions, and responding to motions if settlement negotiations stall.
- Trial & Appeals (6–24 months): Court proceedings and potential appeals in disputed cases.
Expanded Timeline Factors
| Factor | Typical Delay | Explanation |
|---|---|---|
| Injury Severity | 3–12 months | Severe injuries require extended treatment and expert evaluations before accurate damage valuation is possible. |
| Liability Disputes | 6–18 months | When fault is contested or shared, additional discovery and expert analysis prolong resolution. |
| Multiple Defendants | 6–24 months | Identifying and litigating against several parties increases the complexity and length of the discovery process. |
| Insurance Company Tactics | 3–12 months | Insurers may delay claim handling, request repetitive documentation, or issue low initial offers to pressure victims. |
| Court Backlogs | 6–18 months | Congested court dockets and limited trial dates can postpone hearings and trial scheduling. |
| Comparative Negligence | 3–9 months | Florida’s comparative fault rule requires a thorough investigation to allocate fault percentages, affecting settlement negotiations. |
| Evidence Gathering | 2–6 months | Delays in obtaining medical records, surveillance footage, or expert reports can stall progress. |
| Witness Availability | 1–3 months | Scheduling depositions and securing witness testimony can add weeks or months, especially if witnesses are hard to locate. |
Complex scenarios — such as catastrophic injuries or claims against government entities requiring pre-suit notice — often push timelines beyond three years. Understanding these variables helps set realistic expectations for the duration of your pedestrian accident claim. An experienced pedestrian accident lawyer accelerates the process by preserving evidence, meeting deadlines, and negotiating strategically. When insurers refuse fair offers, your attorney stands ready to take your case to trial.
Conclusion
Time is critical after a pedestrian hit by car accident. Act promptly: seek medical care, document everything, and contact Louis Berk Law — a trusted Florida pedestrian accident lawyer dedicated to maximizing your compensation and minimizing delays.