When you’re recovering from a pedestrian accident, one of the most common questions we hear is: “How long will this take?” It’s a fair question. You’re dealing with medical bills, lost wages, and the stress of recovery. You need to know when you can expect some resolution.
After handling pedestrian accident cases across Augusta for years, we’ve learned that honest timeline expectations matter more than false promises. Every case moves at its own pace, but understanding the typical phases can help you plan and reduce some of that uncertainty.
The First 30 Days: Medical Treatment and Evidence Collection
The first month after your accident sets the foundation for everything that follows. Right now, your primary focus should be on medical treatment, not legal deadlines. That said, certain time-sensitive actions can’t wait.
We typically recommend contacting an attorney within the first week or two, even if you’re still in active treatment. Why? Because evidence disappears quickly. Security camera footage gets overwritten, usually within 30 to 90 days. Witness memories fade. Skid marks wash away with the first heavy rain.
This evidence preservation window matters enormously when liability is disputed. Traffic cameras at busy Augusta intersections can capture what actually happened, but only if we act quickly to preserve that footage before it’s recorded over. The same applies to security cameras at nearby businesses or dashboard cameras from other vehicles.
During this first month, your attorney should be:
- Sending preservation letters to secure video evidence
- Identifying and interviewing witnesses
- Photographing the accident scene and documenting conditions
- Gathering initial police reports and medical records
- Notifying insurance companies of representation
Meanwhile, your job is to focus on treatment and follow your doctor’s orders. Every gap in treatment becomes ammunition for the insurance company to claim your injuries weren’t that serious.
Months 2-6: Reaching Maximum Medical Improvement
This phase frustrates clients more than any other, and for good reason. You want to settle and move on, but we can’t properly value your claim until your doctors determine you’ve reached maximum medical improvement (MMI).
MMI doesn’t mean you’re completely healed. It means your condition has stabilized and your doctors have a clear picture of any permanent limitations or ongoing treatment needs. Settling before MMI is like selling your car before knowing whether the engine works. You have no idea what you’re actually giving up.
This timing issue becomes particularly important when injuries have delayed manifestations. Initial symptoms may seem straightforward, but complications can emerge weeks or months later. Traumatic brain injuries, for instance, may not show their full impact until a person returns to work or tries to resume normal activities. Settling too early means you bear the financial burden of those complications with no recourse.
During this phase, your attorney should be:
- Monitoring your treatment progress
- Collecting ongoing medical records and bills
- Documenting how injuries affect your daily life and work
- Beginning informal negotiations if the case is straightforward
- Preparing formal demand packages for more complex cases
Your role is to keep detailed records. Take photos of visible injuries as they heal. Keep a journal of pain levels, missed activities, and work impacts. These details matter when it comes time to present your case.
Months 6-12: Formal Negotiations and Potential Litigation
Once you’ve reached MMI, your attorney can finally present a comprehensive demand to the insurance company. This demand package includes all medical records, bills, wage loss documentation, and a detailed explanation of why you deserve the compensation amount requested.
Most insurance companies take 30 to 60 days to respond to a demand. Sometimes longer. Their initial response is almost always lower than your demand, and usually lower than what the case is actually worth. This isn’t personal. It’s just business for them.
The negotiation phase can take anywhere from a few weeks to several months, depending on case complexity and the insurance company’s willingness to be reasonable. Some companies negotiate in good faith. Others play games, hoping you’ll get desperate and accept less.
When negotiations stall despite clear liability and well-documented injuries, filing a lawsuit often changes the dynamic. Insurance companies know that taking a case to trial involves their own costs, risks, and time. A lawsuit signals that you’re serious about getting fair compensation and won’t accept an unreasonable offer.
If negotiations fail and we file a lawsuit, add 6 to 18 months to your timeline. Most cases still settle before trial, but litigation takes time.
Understanding Augusta’s Dangerous Intersections for Pedestrians
Augusta has some notoriously dangerous areas for pedestrians, and knowing where these accidents commonly occur helps us build stronger cases. When your accident happens at a known trouble spot, we can often find previous complaints, accident reports, or maintenance records that support your claim.
Here are the intersections and corridors where we see the most serious pedestrian accidents:
Washington Road Corridor (Between I-520 and William Few Parkway)
This busy commercial strip sees heavy traffic and frequent pedestrian accidents near shopping centers and restaurants. The combination of wide lanes, multiple turn lanes, and inattentive drivers creates dangerous conditions. Drivers failing to yield in marked crosswalks is a common problem, particularly near Augusta Exchange and the Publix shopping area.
The challenge: drivers focus on finding parking or watching for vehicles, not pedestrians. Crossing signals don’t provide enough time for elderly pedestrians or those with mobility limitations.
Gordon Highway (US-1/US-78) Intersections
Gordon Highway runs through commercial areas with a mix of strip malls, gas stations, and restaurants. Pedestrians often need to cross multiple lanes without adequate crosswalks or signals. The intersections at Bobby Jones Expressway, Deans Bridge Road, and near the Augusta Mall are particular trouble spots.
Pedestrians are frequently struck while trying to reach bus stops on the opposite side of Gordon Highway. Poor lighting at night makes these accidents even more common and more severe.
15th Street and Walton Way Downtown
Downtown Augusta’s grid system creates unique risks. High-speed one-way streets, such as 15th Street westbound, allow vehicles to build momentum. Drivers often run red lights or roll through right turns without checking for pedestrians.
The medical district around Augusta University and AU Medical Center generates heavy foot traffic, including patients with limited mobility. Pedestrians are struck in marked crosswalks when drivers fail to pay attention to their surroundings.
Broad Street Through Downtown
Broad Street handles both local and through traffic, creating a dangerous mix of speeds and driver attention levels. The intersections at 10th Street, 8th Street, and 6th Street are particularly hazardous, especially during evening hours when visibility decreases.
Angle parking along parts of Broad Street means pedestrians often step into traffic from between parked cars, and drivers don’t expect it. “Dooring” accidents also occur here, where a parked car’s door opens directly into a pedestrian’s path.
Laney-Walker Boulevard Corridor
This corridor connects downtown to neighborhoods south of the medical district. The road’s width and traffic speeds make pedestrian crossing dangerous, particularly where crosswalks are sparse. The intersections with 15th Street and with Wrightsboro Road see regular pedestrian accidents.
Many residents in surrounding neighborhoods rely on walking or public transit. The infrastructure hasn’t kept pace with pedestrian safety needs.
Intersection of Wrightsboro Road and Peach Orchard Road
This busy intersection near East Augusta includes shopping areas and residential neighborhoods. Multiple lanes in each direction, combined with high traffic volumes, create challenges for pedestrians. Right-turn-on-red traffic frequently fails to yield to crossing pedestrians.
Accidents at this location often occur during afternoon rush hour when drivers are impatient and less attentive to crosswalk signals.
If your accident occurred at one of these locations, mentioning it when you call our office helps us immediately understand the challenges you’re facing. We may already have familiarity with that specific intersection’s history, which can strengthen your case.
Months 12-24: The Litigation Timeline (If Necessary)
If your case goes to litigation, here’s what typically happens:
Filing to Discovery (Months 1-4): After filing the lawsuit, the defendant has 30 days to respond. Then both sides exchange initial disclosures and begin discovery – the formal process of requesting documents, asking written questions (interrogatories), and taking depositions.
Discovery Period (Months 4-10): Depositions take time to schedule. Medical experts need to review records and write reports. This phase always takes longer than clients expect, but rushing it means leaving money on the table.
Mediation (Month 10-14): Most courts require mediation before trial. A neutral mediator helps both sides negotiate. About 80% of our cases settle at mediation.
Trial Preparation and Trial (Months 14-24): If mediation fails, we prepare for trial. Trials get continued for various reasons, so even a “trial date” might not be final. The trial itself usually takes 1-3 days for a pedestrian accident case.
Going to trial is sometimes necessary when insurance companies refuse to offer fair compensation despite strong evidence. While trials add time to the process, they also demonstrate to other insurance companies that your attorney is willing to fight for full value rather than accepting lowball settlements.
Factors That Speed Up or Slow Down Your Case
Several variables affect timeline:
Clear Liability: When fault is obvious (driver ran a red light, struck you in a crosswalk), cases move faster. When liability is disputed, expect delays.
Injury Severity: Minor injuries resolve faster. Catastrophic injuries require time to understand long-term impacts and life care needs.
Insurance Company Behavior: Some adjusters negotiate fairly. Others use delay as a tactic, hoping you’ll get desperate. We know which companies tend to do this, and we plan accordingly.
Court Dockets: Richmond County’s civil court docket has busy periods and slower periods. We can’t control when your trial date gets scheduled.
Your Cooperation: Cases move faster when clients respond quickly to requests for information, attend medical appointments, and keep us updated on their recovery.
The Settlement Process (Final 30-60 Days)
Once you accept a settlement offer, expect 30 to 60 days before you receive funds. Here’s why:
First, both sides must sign a settlement agreement and release. We review every word to ensure you’re protected and not waiving rights you shouldn’t waive.
Second, if you have health insurance or Medicare/Medicaid liens, those must be resolved. Medical providers have rights to repayment from your settlement. Negotiating these liens down saves you money but takes time.
Third, the insurance company issues a check, typically made out to you and your attorney jointly. We deposit it into our trust account, wait for it to clear (3-7 business days), resolve all outstanding medical bills and liens, deduct our agreed-upon attorney fee, and then issue your net proceeds.
Clients are sometimes frustrated by this final waiting period. The settlement amount is agreed upon, so why does it take weeks to receive payment? The answer is that rushing this process and missing a lien can create serious problems later. Taking the time to close everything properly protects your interests.
Setting Realistic Expectations From Day One
Here’s the honest truth based on our experience with Augusta pedestrian accident cases:
- Simple, clear liability cases with minor injuries: 3-6 months
- Moderate injuries with disputed liability: 6-12 months
- Serious injuries requiring surgery or extensive treatment: 9-18 months
- Cases that go to trial: 18-24+ months
These are averages, not guarantees. Every case is unique, and various factors can affect these timelines significantly.
Anyone who promises you’ll have a check in your hands within a specific timeframe is either inexperienced or dishonest. We don’t make promises we can’t keep.
Why Patience Usually Pays Off
We know you need money now. Medical bills pile up. You may not be able to work. Creditors don’t care that you’re waiting on a settlement.
But settling too early almost always means leaving money on the table. Once you sign that release, it’s over. You can’t come back later when complications arise or when you realize your injuries are permanent.
Early settlement pressure from insurance companies is common. They know that financial stress makes people more willing to accept less than their claim is worth. Understanding the full extent of your injuries before settling protects you from giving up compensation you’ll need for ongoing care, permanent disabilities, or psychological trauma that develops over time.
Conditions like post-traumatic stress disorder following a pedestrian accident may not manifest immediately. Some people develop severe anxiety about crossing streets or walking near traffic that doesn’t emerge until they try to return to their normal routines. Settling before these conditions become apparent means bearing those treatment costs yourself.
What Happens If the Defendant Has No Insurance?
This deserves its own timeline discussion. If the driver who hit you has no insurance or insufficient coverage, we look to your own uninsured/underinsured motorist (UM/UIM) coverage.
UM/UIM claims against your own insurance company often take longer because these companies know they can’t blame you for choosing them. They fight harder. Expect 12-18 months minimum, with litigation more likely.
Georgia law requires all auto policies to include UM/UIM coverage unless you reject it in writing. Many people don’t realize they have this protection available.
How We Keep Your Case Moving
While you focus on recovery, here’s what we’re doing behind the scenes:
- Following up on delayed medical records (this alone can take weeks)
- Staying on insurance adjusters who “forget” to return calls
- Pushing for mediation dates when courts are backed up
- Filing motions to compel discovery when defendants stall
- Preparing your case for trial even while negotiating settlement
We don’t bill you by the hour, so we have no incentive to drag cases out. Our contingency fee means we only get paid when you get paid, and we want that to happen as soon as possible – while still maximizing your recovery.
Questions We Get About Timelines
“Can I get a settlement advance?” We don’t offer advances, and we generally don’t recommend lawsuit funding companies. Their interest rates are predatory. If you’re facing financial hardship, talk to us about options. Sometimes we can accelerate certain aspects of the case. Sometimes we can connect you with resources for bill negotiation or payment plans.
“What if I need to settle quickly for financial reasons?” We’ll always respect your decision, but we’ll also give you honest advice about what you’re giving up. Sometimes settling early makes sense. More often, it doesn’t.
“Why can’t we just file a lawsuit immediately?” We can, but it doesn’t usually speed things up. Filing before we’ve completed medical treatment and gathered evidence often means we don’t know the full value of your case yet.
“The adjuster said this is taking too long and the offer will expire. Is that true?” This is a pressure tactic. Legitimate settlement offers don’t expire overnight. Don’t let yourself be bullied into accepting less than your case is worth.
Your Role in the Timeline
You can help your case move efficiently by:
- Attending all medical appointments: Gaps in treatment hurt your case
- Following treatment recommendations: If you don’t follow your doctor’s advice, the insurance company will argue you’re not really injured
- Documenting everything: Keep copies of bills, correspondence, and daily impact notes
- Responding promptly: When we need information or signatures from you, quick responses keep things moving
- Being honest with us: Tell us about previous injuries, gaps in employment, or anything else that might affect your case. We can handle problems if we know about them early
The Bottom Line
Most Augusta pedestrian accident cases settle within 6 to 12 months. Some resolve faster. Some take longer. The timeline depends on your injuries, the defendant’s insurance company, and whether we need to file a lawsuit.
What we can promise is that we’ll handle your case with the urgency it deserves while not rushing decisions that affect your future. We’ll keep you informed at every stage. And we’ll give you honest advice about whether to accept an offer or hold out for more.
Your case is unique. Your timeline will be too. But now you know what to expect and why certain phases take time.
If you’ve been injured as a pedestrian in Augusta, we’ll review your case, explain your options, and give you realistic timeline expectations based on the specific facts of your situation.
The information in this article is for general guidance only and does not constitute legal advice for your specific situation. Case timelines vary significantly based on individual circumstances. Every case is different. To discuss your pedestrian accident claim and get personalized timeline expectations, contact Kenneth S. Nugent, P.C. for a free consultation. We serve Augusta and surrounding areas from our local office, and we never charge a fee unless we recover compensation for you.
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