During a pedestrian accident claim, you can expect calls from insurance adjusters, months of medical treatment and paperwork, a settlement demand and negotiation, and possibly a medical exam, a deposition, and mediation if a lawsuit is filed.
Many people have never been through an injury claim before, and the unknowns can feel worse than the paperwork itself. At Sweet James, we tell clients what’s coming before each step so nothing catches them off guard. A pedestrian accident lawyer also handles much of the contact with insurers so you don’t have to.
The First Calls From Insurance Adjusters
An adjuster from the driver’s insurance company may call within days of the crash, sometimes while you’re still in the hospital. The tone is often friendly, and the adjuster may say they just need a few details to “get things moving.”
Early requests often include:
- A recorded statement about how the crash happened and how you feel
- A signed medical authorization that opens your full medical history
- A quick settlement offer before you’ve finished treatment
You generally have no duty to give a recorded statement to the other driver’s insurer, and a blanket medical authorization can reach records that have nothing to do with the crash. Sweet James takes over these calls once you’re a client, so adjusters deal with us instead of you.
Medical Treatment and Paperwork During a Pedestrian Accident Claim
You may receive letters from your health insurer asking about the accident. That’s normal, because health plans that paid for your care often expect to be repaid from any settlement. Answering these letters accurately keeps the claim from stalling later.
Keep every bill, receipt, and work note, and tell your lawyer about any new doctor or treatment. Sweet James tracks this paperwork throughout a pedestrian accident claim, so the demand package is complete when it’s time to send it.
The Defense Medical Exam
If a lawsuit is filed, the defense may ask a doctor of its choosing to examine you. These are often called “independent” medical exams, though the doctor is hired by the other side.
California limits these exams. Under California Code of Civil Procedure § 2032.220, a defendant in a personal injury case can demand one physical exam, held within 75 miles of your home, without painful, long, or intrusive testing.
The exam is usually short, and the doctor may test your movement and ask about your symptoms. Sweet James prepares clients for what the doctor may ask and reviews the doctor’s report for statements that don’t match the exam.
Giving a Deposition
A deposition is a question-and-answer session under oath, held in an office or by video rather than in a courtroom. The other side’s lawyer asks the questions, a court reporter records every word, and your lawyer sits with you the whole time.
Questions usually cover your background, the crash, your injuries, and how your life has changed. In federal court, a deposition is limited to one day of seven hours unless the parties or the court agree otherwise, under Federal Rule of Civil Procedure 30(d)(1). Many pedestrian injury depositions take far less time.
Good preparation is simple: answer only the question asked, and say so when you don’t know or don’t remember. Sweet James meets with clients before a deposition to walk through likely questions and practice answers.
Mediation and Settlement Talks
Many pedestrian cases settle at mediation. A neutral mediator, often a retired judge or experienced lawyer, meets with both sides and carries offers back and forth between separate rooms or video sessions.
What’s said at mediation generally stays there. Under California Evidence Code § 1119, statements made for the purpose of mediation are generally not admissible or discoverable later, which lets both sides talk openly.
A mediation can last a full day, with long waits between offers. Sweet James explains each offer in plain numbers, including what you’d take home after fees, costs, and liens, before you decide.
Getting Paid After a Settlement
Signing the settlement agreement doesn’t put money in your account that same afternoon. The insurer first needs your signed release, then issues payment, which goes into your lawyer’s client trust account.
Before you’re paid, a few amounts usually come out of the settlement:
- The attorney fee set in your written fee agreement
- Case costs your lawyer advanced, such as filing fees and record charges
- Medical liens and repayment claims from health plans that covered your care
Lawyers must keep client money separate from their own and deliver funds promptly once they’re due, under rules modeled on ABA Model Rule 1.15. You should also receive a written statement showing exactly how the settlement was divided.
Lien negotiations can add a few weeks at the end. Sweet James works to reduce those balances, since every dollar cut from a lien goes to you.
Pedestrian Accident Claim FAQs
These answers cover common questions people have once their claim is underway.
Do I Have to Talk to the Other Driver’s Insurance Company?
You don’t have to talk to the other driver’s insurance company beyond basic contact information, and you can refer every question to your lawyer. Your own insurer is different, because your policy usually requires you to cooperate with it.
Do I Need to Keep Seeing My Doctor While the Claim Is Open?
You should keep seeing your doctor while the claim is open, for your health and for the claim. Missed appointments and long gaps in care give insurers room to argue that your injuries weren’t serious or healed early. If a treatment isn’t helping, tell your doctor rather than simply stopping.
How Often Will I Hear From My Lawyer?
How often you’ll hear from your lawyer depends on the stage, since some months bring weekly calls and others bring little news. Sweet James keeps clients updated at each milestone. We answer calls 24/7 when questions come up between updates.
Will I Have to Testify in Court?
You’ll only have to testify in court if your case goes to trial, which happens in a small share of pedestrian claims. Even then, you’ll have time to prepare with your lawyer before taking the stand.
What Should I Avoid Doing During My Claim?
During your claim, avoid posting about the crash or your activities on social media, skipping medical appointments, or signing anything from an insurer without review. Each of these can give the insurer a reason to lower its offer.
Start Your Pedestrian Accident Claim With Sweet James
What to expect during a pedestrian accident claim depends on the facts, but you shouldn’t have to face adjusters, exams, and depositions alone. Our attorneys have more than 25 years of experience helping injury victims, and we prepare each client for every stage.
Reach out to Sweet James for a free consultation about your claim. You pay no fees or costs unless we win, and our team answers calls 24/7 in English and Spanish.
