A pedestrian injury lawsuit usually takes several months to prepare before filing, and one to two years or longer if the case goes to court. The timeline varies depending on the injuries, the fault dispute, and the court’s schedule. Claims with clear fault and short medical treatment tend to move fastest.
People ask this question for practical reasons, since rent, medical bills, and missed work don’t wait for a case to end. At Sweet James, we explain the likely timeline at the start so you can plan around it.
A pedestrian accident lawyer can also point out which steps are in your control and which ones aren’t.
The Stages of a Pedestrian Injury Lawsuit
A pedestrian claim moves through a series of steps, and each one takes time. Many claims settle before the later stages ever start.
A typical case follows this order:
- Medical treatment and recovery, while your lawyer gathers records and bills
- A written demand to the insurance company, followed by negotiation
- Filing a lawsuit if the insurer won’t offer a fair amount
- Discovery, where each side exchanges documents and takes depositions
- Mediation or settlement talks with a neutral third party
- Trial, if the case still hasn’t settled
The first two stages often take the longest in practice because a fair demand can’t be made until your doctors know how much care you’ll need. Sweet James uses data from thousands of injury cases to judge when a claim is ready for a demand.
Not every claim passes through every stage. Many pedestrian claims end with a negotiated settlement after the demand, and only a small share reach a jury. Skipping a stage can save months, as long as the offer reflects the full value of the injury.
How Long the Insurance Company Has to Respond
Insurers don’t get unlimited time. In California, an insurer generally must accept or deny a claim within 40 calendar days after receiving proof of claim, under 10 CCR § 2695.7. If it needs more time, it must say so in writing and send updates every 30 days.
California also sets rules for time-limited settlement demands made before a lawsuit is filed. Under California Code of Civil Procedure § 999.1, a demand that seeks the policy limits generally must stay open for at least 30 days, or 33 days if sent by regular mail.
These rules set the pace for the early part of a claim. Sweet James tracks each insurer deadline and follows up in writing when an adjuster lets one pass.
How Long a Case Takes Once It’s Filed
Filing a lawsuit starts a court calendar that both sides must follow. California’s Standards of Judicial Administration, Standard 2.2, set a goal for trial courts to resolve 75% of unlimited civil cases within 12 months of filing, 85% within 18 months, and all of them within 24 months.
Those numbers are goals, not deadlines, and busy courts can fall behind. Discovery alone often takes many months, since depositions have to be scheduled around doctors, witnesses, and lawyers on both sides.
California also has an outer limit. A lawsuit generally must be brought to trial within five years of filing under California Code of Civil Procedure § 583.310, or a court can dismiss it.
What Speeds Up or Slows Down a Pedestrian Case
No two pedestrian claims run on the same schedule. A few factors account for many of the differences.
Factors that can add time include:
- Serious injuries that require surgery or months of therapy before the outcome is clear
- A dispute over whether the pedestrian or the driver caused the crash
- More than one defendant, such as two drivers or a driver and a city
- A claim against a government agency, which adds a separate claim process
- Low policy limits that lead to arguments over other sources of coverage
On the other hand, clear video, a cooperative insurer, and a quick medical recovery can shorten a case to a few months. Sweet James sorts out fault and coverage questions early, because those disputes cause many of the longest delays.
Why a Fast Settlement Isn’t Always the Better One
A common belief is that settling quickly is always the smart move. In many cases, it means accepting money before the full cost of the injury is known.
Insurers sometimes make early offers for that reason. Once you sign a release, the claim usually ends for good, even if you later need surgery or can’t return to your job.
Waiting has costs too, and the right timing depends on your situation. Sweet James weighs the value of each offer against what your doctors expect, so you can decide with real numbers in front of you.
Pedestrian Injury Lawsuit Timeline FAQs
These answers cover common follow-up questions about how long a pedestrian case may take.
Can a Pedestrian Case Settle Without Going to Court?
A pedestrian case can settle without going to court, and many do. Settlement can happen at any point, from the first demand letter to the days before trial.
Can I Get Money Before My Case Ends?
You may be able to get some money before your case ends through medical payments coverage, personal injury protection, short-term disability, or uninsured motorist benefits. A settlement or verdict itself, however, usually isn’t paid until the case is resolved and a release is signed.
What Happens if My Case Goes to Trial?
If your case goes to trial, the trial itself may last a few days to a few weeks, depending on the number of witnesses. After a verdict, either side may file motions or an appeal, which can add months before payment. Sweet James prepares cases for trial from the start, which often encourages insurers to settle sooner.
Does Negotiating With the Insurer Pause the Filing Deadline?
Negotiating with the insurer does not pause the filing deadline, so the clock keeps running while offers go back and forth. In California, a personal injury lawsuit generally must be filed within two years under California Code of Civil Procedure § 335.1. Sweet James files suit before that date if talks haven’t produced a fair offer.
Does a Child’s Pedestrian Case Take Longer?
A child’s pedestrian case can take longer because a court often has to approve the settlement before it becomes final. In California, that approval usually involves a petition and a hearing under California Probate Code § 3500, which adds time after the parties agree on an amount.
The court may also order the money held in a blocked account or annuity until the child turns 18.
Talk to Sweet James About Your Pedestrian Injury Case
How long a pedestrian injury lawsuit takes depends on the facts, but delays often come from fault disputes and missing records that a lawyer can address early. Our attorneys have more than 25 years of experience helping injury victims, and we keep claims moving instead of letting them sit.
Get your free case review from Sweet James and learn what timeline to expect for your claim. You pay no fees or costs unless we win, and our team answers calls 24/7 in English and Spanish.
