There is no doubt a motorcycle accident will disrupt your life. From medical bills to property damage, the financial and emotional toll can be substantial and overwhelming.
In this situation, it’s only natural to wonder how long it will take to resolve your motorcycle accident lawsuit and receive the compensation you deserve.
Unfortunately, there’s no simple answer. Each motorcycle accident is different, and so is each resulting claim. The time it takes to resolve a lawsuit and move on depends on many factors, but you can do one thing to make the process as efficient as possible.
You can hire an experienced motorcycle accident attorney to handle everything right now.
With the right legal representation from the start, you have the best chance of receiving compensation and moving forward with your life sooner rather than later.
When Do You Need to File a Motorcycle Accident Lawsuit?
First, recognize that not every motorcycle accident leads to a lawsuit. The first step for most motorcycle accident victims is a claim directly with an at-fault party’s insurance company.
When you hire your motorcycle accident lawyer, they will identify the driver or other parties that should be liable for your accident and injuries and begin the claim process.
A skilled attorney can often present strong evidence and negotiate a fair settlement with the insurance company. If this happens, you can accept an insurance settlement, and there is no need to file a lawsuit in civil court.
However, insurance companies can be difficult, as they are businesses first, always protecting their bottom lines.
Insurance companies are often biased against motorcyclists, so they regularly offer inadequate settlements, trying to shift blame onto motorcyclists or minimize their injuries. In such cases, it can be necessary to escalate the matter by filing a personal injury lawsuit in the civil justice system.
An experienced motorcycle accident attorney will advise when a lawsuit is in your best interests and will properly initiate the process.
What Influences How Long a Motorcycle Accident Lawsuit Takes?
Litigation is a complex process governed by specific rules of civil procedure. An experienced attorney will follow the right timelines for all court filings and processes to ensure you have the best chance of success. Unfortunately, these things take time, so trust your attorney and the legal process.
Investigation and Evidence Gathering
The first step in any motorcycle accident lawsuit is conducting a thorough investigation to gather evidence that supports your claim.
This process may involve obtaining police reports, interviewing witnesses, collecting medical records, and reconstructing the accident scene. The time it takes to gather this evidence can vary depending on the availability of witnesses and the complexity of the accident and liability disputes.
A lawsuit involves a process called discovery, which requires each party to provide evidence to the other side. This can involve conducting depositions, requesting interrogatories, producing physical evidence, and more. Your attorney will review the defendant’s evidence against liability and vice versa.
A skilled motorcycle accident attorney understands the importance of a comprehensive investigation and evidence review and will work diligently to build your case and compare it with the defendant’s. This helps your lawyer determine where you stand.
The Extent of Your Injuries and Medical Treatment
The extent of your injuries and the duration of your medical treatment can significantly affect the length of your lawsuit. Usually, you should complete your medical treatment before reaching a settlement, as settling too early may result in inadequate compensation for your ongoing medical needs.
If you have permanent injuries that require ongoing treatment indefinitely, you will need to prove your prognosis and the estimated treatment you will need in the future. This can require analysis and reports from medical experts to substantiate the costs of your future care.
Your attorney will work closely with you, your healthcare providers, and medical experts to ensure that all medical treatment is properly documented and included in your claim. This can take time.
Settlement Negotiations
Even if negotiations during the insurance claim process failed, your attorney will continue to try to settle the case during the pretrial litigation process.
Once you exchange evidence in discovery, the insurance company might see you have a strong case that might win at trial. Then they might make a favorable offer. Your attorney can use this to your advantage in settlement negotiations.
Further, even if the insurer does not meet you in the middle at the settlement table, your motorcycle accident attorney might suggest mediation or another type of dispute resolution proceeding. This can take less time than going to trial. However, mediation also takes time.
The majority of motorcycle accident lawsuits are settled out of court. Settlements offer a quicker resolution, so your lawyer will keep attempting to resolve your case in this manner during litigation. However, a small percentage of cases do not reach a settlement agreement, even after several attempts.
The decision to settle or proceed to trial ultimately depends on the specific circumstances of your case. Your attorney will provide advice so you can make an informed decision about going to trial. If you decide to head into court, your lawsuit will take longer.
Court Proceedings and Trial
Your attorney will need time to prepare if your motorcycle accident lawsuit is proceeding to court. You must also wait for the court to schedule your case. This can extend the timeline of your lawsuit, as the court system often has congested schedules.
An experienced motorcycle accident attorney will do their best to efficiently navigate the court process, ensuring your case receives the attention it deserves.
Hire the Right Motorcycle Accident Lawyer Right Away
The duration of a motorcycle accident lawsuit can vary depending on numerous factors. While some cases may be resolved relatively quickly, others may take significantly longer, especially if they proceed to trial.
The key is to never rush the process and follow your motorcycle accident attorney’s guidance. If waiting for a more favorable settlement or heading to litigation is the right move, it is worth the wait.
The main thing you can do to protect yourself is consult an experienced personal injury lawyer in your area today. Case evaluations are free.
Adam B. Lawler
Attorney at Law / Partner
Adam Lawler is the founder of Lawler Brown. Adam is a 2004 graduate of Saint Louis University School of Law. Adam worked for a local firm until founding the Lawler Brown in 2009. Adam’s practice areas focus in Personal Injury, Business, Real Estate, Probate/Trust/Estate Administration and general litigation.
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