How Long After a Pedestrian Accident Can You Sue?
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Many people wonder, “How long after pedestrian accident can you sue?” Don’t risk missing your chance to get the compensation you deserve act now to protect your rights. At Legal Claim Assistant, we connect you with experienced attorneys who can provide a free case review and guide you through every step of your personal injury claim. Don’t wait click the button below to get your free consultation and start your path to justice today.
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Table of Contents:
When does the clock start? Determining your filing deadline
The statute of limitations timer often begins on the date of the accident, which is typically documented in the police report. This date is your official starting point for filing a claim. However, if you did not discover your pedestrian injuries until a later time, the clock may begin on the date you became aware of them due to the discovery rule.
Every jurisdiction sets specific regulations on when the official countdown begins. In most states, including under Illinois law, you have two or three years to bring a personal injury or wrongful death claim. That window might shrink if you delay seeking medical treatment or wait a long time to investigate your claim. We encourage you to speak with a pedestrian accident attorney if you have any doubts about how your state calculates filing deadlines or how to determine liability in disputed liability cases.
Taking immediate action after a pedestrian accident helps establish clear liability and injury documentation. Prompt medical treatment creates a strong record of damages, making it harder for insurance companies to argue against compensation. Gathering evidence shortly after an accident is easier because witnesses are more likely to remember details. The actions taken immediately after a pedestrian accident can significantly impact the outcome of a legal case.
Statute of limitations for pedestrian accidents by state
While some states allow more time than others, the standard period often ranges from one to six years. Below is a brief table highlighting common statute of limitations in a few representative states. Note that these rules can change, so you should verify the specifics for your location.
| State | Typical Limitation | Notes |
|---|---|---|
| California | 2 years | May vary if suing a government agency |
| Florida | 2 years | Shorter deadline if false claims apply |
| Illinois | 2 years | Extended if victim was a minor |
| Missouri | 5 years | Longer period for personal injury claims |
| New York | 3 years | Time can shift if ongoing injuries |
| Pennsylvania | 3 years | Typical limitation for personal injury |
| Texas | 2 years | Potential exceptions for late discovery |
| These time frames may look simple, but there are countless other factors to consider. If any part of your pedestrian accident claim seems unclear, we recommend you speak with a knowledgeable pedestrian accident law firm. Prompt professional guidance from a legal team can help you navigate these varying deadlines and legal aspects. |
If you were hit by a public bus or city vehicle, you often must file a formal Notice of Claim within a much shorter window, such as 90 days or six months. Most states provide a window of two to three years to initiate a lawsuit, but statutes of limitations for pedestrian accident lawsuits vary by state. Failing to file a lawsuit within the statute of limitations can eliminate the right to sue.
Exceptions that can extend your deadline
In certain instances, a judge might pause or “toll” the statute of limitations. Common reasons include the defendant fleeing the state or intentionally hiding crucial details that keep you from discovering your injuries. Additionally, if the at-fault party actively concealed evidence that led to a delayed realization of harm, you may be granted extra time.
While these scenarios do not apply to every claim, they are worth exploring if you are close to the deadline and suspect misconduct or concealment. It may significantly affect how long after a pedestrian accident you can sue for the losses you have endured, including medical costs, property damage, and emotional trauma.
Minor or incapacitated victims: Special rules
Minors and individuals deemed incapacitated at the time of the accident often have more flexible filing windows. For example, a teenager injured while crossing the street might not see their statute of limitations begin until they turn 18. If you are caring for someone who was mentally unable to act on their own behalf, the clock may not start until their legal guardian is able to file a claim.
Even so, you should not assume these extra protections apply automatically. If you or your family member suffered pedestrian accident injuries and you suspect special statutes, speak with a qualified attorney to clarify how these rules might extend or shorten the standard timeline.
Delayed injuries and discovery rule impact
Pedestrian accidents can lead to devastating injuries that surface days, weeks, or even months after the incident. A traumatic brain injury or broken bones, for instance, might not show immediate symptoms during your first medical visit. In these cases, courts may allow the discovery rule to come into play, giving you extra time if you can show that you were unaware of the extent of your injuries until a later date.
Still, you should not delay medical treatment or wait passively for signs to worsen. Consistent medical records provide critical evidence if you must argue for an adjusted filing period. By documenting your symptoms right away, you strengthen your position when you seek pedestrian accident compensation.
Government entity cases and notice requirements
Suing a public entity, such as a city or state government, often brings additional rules. You may need to file a formal notice of claim within a much shorter period, sometimes within just a few months. If your case involves uneven sidewalks, poorly marked crosswalks, or other municipal issues involving traffic signals or traffic laws, you must research your local government’s process.
Failing to comply with the notice requirement can result in an immediate dismissal, regardless of the seriousness of your injuries. We advise consulting a pedestrian accident lawyer with experience in government liability cases to avoid procedural mistakes.
Consequences of missing the filing deadline
If you miss the deadline, you risk losing the legal right to pursue a lawsuit. Courts typically grant a defendant’s motion to dismiss if a claim is filed even one day late. In practical terms, this leaves you without an avenue to recover damages for medical bills, lost wages, or pain and suffering.
While it might seem tempting to wait for more evidence or to see how injuries evolve, delaying your lawsuit can work against you. Witness memories fade, insurance policies and auto insurance policy limits may expire, and you could face overwhelming financial stress due to medical bills and lost wages without the ability to hold the responsible party accountable.
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Types of damages you can claim
Pedestrian accident victims can claim economic damages, which often include medical expenses, lost wages, and property damage. Medical expenses often constitute the largest portion of economic damages in pedestrian accident claims, covering everything from emergency treatment to long-term care. Lost wages can be claimed as economic damages when a pedestrian is unable to work due to injuries sustained in an accident. Future lost earning capacity can also be claimed if injuries prevent a pedestrian from returning to their previous occupation after an accident. Documentation from employers is necessary to prove lost wages in pedestrian accident claims.
Non-economic damages in pedestrian accident claims can include pain and suffering, emotional trauma, mental distress, and loss of enjoyment of life. Emotional trauma and mental distress are often included in non-economic damages for pedestrian accident victims. In cases involving egregious conduct, such as drunk driving, punitive damages may also be awarded.
Steps to protect your claim timeline
Staying organized early on is the best way to avoid a lapsed statute of limitations. First, keep records of every doctor visit, physical therapy session, and emotional trauma endured. Second, follow legal advice about when and how to file. Third, communicate with the insurance adjuster and responsible insurance companies promptly, but do not sign settlement documents without consulting an attorney.
We also encourage you to keep a personal log of your day-to-day recovery. Write down pain levels, missed work, and financial setbacks incurred. Although this may not seem urgently important, these details can help establish the significance of your injuries within the correct filing window.
Duration and settlement of pedestrian accident cases
The duration of pedestrian accident cases can be influenced by the severity of injuries, liability disputes, and the negotiation process with insurance companies. Cases typically cannot be settled until the victim reaches Maximum Medical Improvement (MMI). Cases with severe injuries take longer to settle because it takes more time to reach MMI. Serious injuries often result in lawsuits taking 12 to 24 months or longer. Pedestrian accident cases with clear liability and non-complicated injuries often settle within 6 to 12 months after treatment is complete. Cases where individuals were hit by a car and suffered complex injuries can take longer, often between 12 and 16 months after medical treatment is complete.
The length of time from the date of the accident to the date where you receive a check depends on several different factors, including the length of treatment for your injuries and the time it takes to collect evidence. Once treatment has been completed, you’ll need to collect all the medical bills and records to establish the cost of treatment and provide evidence of symptoms and limitations. The complexity of the case facts and injuries can affect the time it takes for the insurance company to make a liability determination and decide how much they are willing to offer on the pedestrian accident claim.
Most pedestrian accident cases settle without trial, but preparing for court strengthens your negotiating position. To successfully sue someone for running you over, you must establish that the driver was negligent and that their negligence caused your injuries. Most pedestrian accident cases settle without going to trial, but some may require litigation if negotiations fail. Insurance companies often attempt to minimize payouts, which can conflict with the injured party’s need for fair compensation.
How an experienced pedestrian accident lawyer can help
Hiring an attorney can increase the chances of a larger and faster settlement after a pedestrian accident. Legal representation is crucial in navigating the complexities of pedestrian accident claims and ensuring proper documentation of damages. The legal process of suing involves filing a complaint, which outlines the defendant’s negligence and the compensation sought. You must file your lawsuit before the state-mandated deadline or lose your right to compensation.
A seasoned lawyer helps interpret state-specific statutes and ensures your lawsuit is filed correctly within court schedules. At Legal Claim Assistant, we connect you with attorneys who fully understand how long after a pedestrian accident you can sue based on your unique situation. They monitor deadlines, gather medical and legal documents, and assemble compelling evidence on your behalf.
Beyond deadlines, skilled legal counsel can negotiate with insurance companies to seek fair compensation. Serious accidents often involve extensive follow-up care, lengthy physical therapy, and even psychological counseling. Having a professional advocate means you do not have to tackle these issues alone or face financial pressure.
Case studies: Filing on time saved critical claims
We have seen individuals whose injuries did not appear urgent at first. One client had minor bruises from a pedestrian hit by car incident, but they discovered internal damage months later. Had they not filed before the statute of limitations expired, they would have lost out on thousands of dollars to cover additional treatments and medical costs.
In another case, timely pursuit of a pedestrian accident lawsuit led to a fair settlement for a family member injured in a crosswalk after a driver ran a red light. Because they knew the filing deadline and acted quickly, they could access financial resources needed for extended medical care and rehabilitation. These examples highlight how swift action preserves the best chance at a successful outcome in personal injury cases, including those involving punitive damages for egregious traffic violations.
Get legal support to ensure you file on time
Navigating claim deadlines can seem complicated, but you are not alone. Our legal team at Legal Claim Assistant is here to guide you toward qualified help that manages your legal case effectively. We want you to feel informed and empowered, so you can focus on recovering from the accident.
If you have concerns about looming deadlines or believe exceptions may apply to your situation, consider reaching out for a free consultation or submitting an online contact form. An experienced legal professional will help determine your filing timeline and discuss the next steps to protect your rights. Time is precious in pedestrian accident claims, so we encourage you to take legal action today.
No Win, No Fee. Let the Best Motor Vehicle Accident Attorneys Fight for your Compensation!
