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Columbia Personal Injury Attorney > Blog > Personal Injury > What to Expect in a Pedestrian Accident Claim

What to Expect in a Pedestrian Accident Claim


In short, pedestrian accident victims should expect long delays and high medical bills. We’ll discuss the long delay below. First, let’s examine the high medical bills.

During vehicle collisions, vehicle occupants are protected by multiple safety and restraining layers. Pedestrians are protected by the clothes on their backs and pretty much nothing else. Therefore, these collisions usually cause catastrophic or fatal injuries.

These injuries don’t just cause high medical bills. These victims lose work and must deal with almost unimaginable pain and suffering on a day-to-day basis. A Columbia personal injury lawyer can obtain compensation for all these losses. Most personal injury claims eventually settle out of court. Sometimes, “eventually” is a rather long period of time.

Early Settlement

Liability (legal responsibility) and damages (amo8nt of compensation) are usually the two most important issues in a pedestrian accident claim. If both these issues are crystal clear, most insurance companies must legally settle most claims within about a month.

Most pedestrian accidents involve liability questions, even if an emergency responder or insurance adjuster quickly assigns fault. Basically, fault is like the halftime score and liability is like the final score. A game’s score usually changes in the second half. Similarly, legal issues, like contributory negligence, change legal responsibility matters.

Damage disputes are common as well. That’s especially true if a victim didn’t immediately see a doctor. In these situations, insurance company lawyers often argue that the victim’s damages are exaggerated. To solve this problem, a Columbia personal injury lawyer connects victims with doctors who charge no fees upfront.

Because of these issues, early settlement is usually impossible. That outcome forces attorneys to go to the next level.

The Legal Process

When victims file legal paperwork, insurance companies usually file procedural motions, insisting that the victim has no case. Victims shouldn’t worry too much. If an attorney diligently collected evidence before filing an action, these motions usually fail.

Evidence in a pedestrian accident claim usually includes medical bills, witness statements, and the police accident report.

Discovery is the next phase. At this point, settlement negotiations, which usually stall during the pretrial motions phase, heat up again. Medical treatment is often substantially complete, so an attorney can accurately assess a claim’s settlement value. Furthermore, during discovery, both sides must put all their cards face up on the table.

So, insurance companies must turn over key evidence they’ve been hiding, such as a key witness statement. Stronger evidence increases a claim’s value.

Delayed Settlement

As the trial date approaches, most judges appoint professional mediators to supervise settlement negotiations and enforce a duty to negotiate in good faith.

Basically, parties negotiate in bad faith when they go through the motions and are unwilling to compromise. When insurance companies must negotiate in good faith, they cannot make low-ball offers or take-it-or-leave-it offers, which are common during early negotiations. That’s another big reason early negotiations often fail.

Delayed settlement is usually the best possible outcome. As mentioned, the best evidence, and therefore maximum compensation, is available at this stage. Furthermore, since medical treatment is complete, the victim won’t be l;eft holding the bag for future medical costs.

Contact a Thorough Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We do not charge upfront legal fees in these matters.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award