How Long Do Pedestrian Collision Cases Take in Illinois?

Pedestrian collision cases often involve serious injuries, significant medical treatment, and complex questions about liability. As a result, the amount of time it takes to resolve a case can vary considerably.

Some pedestrian cases settle within a few months, while others may take several years if litigation becomes necessary. Understanding the stages of a pedestrian collision case can help injured individuals and families know what to expect throughout the legal process.

Phase 1: Case Evaluation and Investigation

Estimated Timeline: 1–4 Months

The first phase involves investigating how the collision occurred and gathering evidence to establish fault and damages.

This may include:

• Reviewing police reports

• Obtaining surveillance or traffic camera footage

• Collecting witness statements

• Documenting injuries and medical treatment

• Reviewing photographs of the scene and vehicle damage

• Investigating roadway conditions and traffic controls

Because evidence can disappear quickly, early investigation is particularly important in pedestrian cases.

Phase 2: Filing the Insurance Claim or Lawsuit

Estimated Timeline: 1–3 Months

Once sufficient evidence has been gathered, insurance claims may be submitted or a lawsuit may be filed.

This phase may involve:

• Preparing demand packages

• Negotiating with insurance companies

• Filing a legal complaint

• Serving defendants with notice of the lawsuit

Some cases resolve during early negotiations, while others proceed to litigation.

Phase 3: Discovery Phase

Estimated Timeline: 6–18+ Months

Discovery is often the longest phase of a pedestrian collision case.

During this stage, both sides exchange information and evidence, including:

• Depositions of drivers and witnesses

• Medical evaluations and expert reports

• Requests for documents and communications

• Accident reconstruction analysis

• Review of traffic signal and roadway information

Cases involving disputed liability or catastrophic injuries often require more extensive discovery.

Phase 4: Mediation or Settlement Negotiations

Estimated Timeline: 2–6 Months (or ongoing)

Many pedestrian collision cases settle before trial.

Settlement discussions may involve:

• Negotiating compensation for medical expenses and lost income

• Evaluating future care needs

• Participating in mediation sessions

• Reviewing settlement offers and counteroffers

Negotiations often continue throughout the litigation process.

Phase 5: Trial

Estimated Timeline: Several Days to Weeks (Typically 1–3+ Years After Filing)

If a settlement cannot be reached, the case may proceed to trial.

At trial:

• Evidence and testimony are presented

• Medical and accident reconstruction experts may testify

• A judge or jury determines liability and damages

Although trials themselves are relatively short, reaching trial can take several years depending on court schedules and the complexity of the case.

Factors That Can Lengthen the Timeline

Several factors can affect how long a pedestrian collision case takes, including:

• The severity of the injuries

• Ongoing medical treatment

• Disputes regarding fault

• Comparative negligence arguments

• Multiple defendants or insurance carriers

• Court scheduling delays

Cases involving traumatic brain injuries, spinal cord injuries, or wrongful death often require additional time due to the complexity of damages.

Is It Worth Waiting?

For many injured pedestrians, the legal process may feel lengthy. However, taking the time to fully investigate the case and understand the long-term effects of an injury can significantly affect the outcome.

A thorough case can help:

• Maximize compensation

• Recover future medical expenses and lost earning capacity

• Hold negligent drivers accountable

• Provide long-term financial stability after serious injuries

While every case is different, patience and preparation are often critical to achieving a fair result.

Work With a Pedestrian Collision Attorney in Illinois

Pedestrian collision cases frequently involve serious injuries and aggressive insurance defenses.

At Hurley McKenna & Mertz, P.C., we investigate pedestrian collisions, work with medical and accident reconstruction experts, and guide injured individuals and families through every phase of the legal process. Our team is committed to pursuing accountability and full compensation for our clients.

If you were injured in a pedestrian collision, contact our Illinois pedestrian collision attorneys today for a confidential consultation and guidance on your legal options.