After being involved in a crash, motorcyclists usually ask one question – how long does a motorcycle accident lawsuit take? The truth is that every case is different. The timeline may also vary significantly based on certain key factors. While it may be tempting to resolve the situation quickly, it is of the utmost importance to focus on building a strong case because it often leads to more favorable outcomes.
Keeping it Short
Since you want the answer first-hand, we will give it to you straight. There is no way, even for a highly experienced accident attorney, to predict how a lawsuit will go. However, lawsuits surrounding motorcycle accidents usually take several months to a few years. The average settlement receiving time is between six months and one year.
Steps in a Motorcycle Accident Lawsuit
There is series of steps associated with every lawsuit. If you are aware of these, you will have an insight into why some cases take longer than others.
Claim Filing and Investigation
In every lawsuit, the first step is to gather evidence to support your claim. This includes collecting police reports, medical records, and witness statements. A lawyer will use this info to build a strong case. Filing the claim within the one-year statute of limitations is also vital. Missing this deadline may result in losing the right to seek compensation.
Discovery and Finding the Facts
The discovery phase starts right after filing the claim. In this phase, both parties exchange information and investigate the accident’s details. Everything from depositions and interviews to document gathering can take time, particularly if there are several parties involved. This step ensures all the facts are revealed, allowing both sides to understand the strength of the case.
Trial or Settlement Negotiations
A motorcycle accident is usually settled before the case crosses the threshold of the courtroom. If both parties agree on a fair settlement, the case may be resolved faster. Now, if the negotiations fail, the case might proceed to trial. This adds to the overall time taken because witness availability, court scheduling, and the trial process itself can take months.
Factors Influencing the Length of a Motorcycle Accident Lawsuit
Various factors can affect the timeline of the case. Here are some of the most significant contributors.
Treatment and Recovery
The duration of medical treatment plays a crucial role in how long the case takes. One must reach maximum medical improvement (MMI) before a lawsuit is finalized. It is the only way to know the full extent of the injuries and the necessary treatments and accurately assess the damages that can be recovered.
Gathering Evidence and Investigation
Conducting a thorough investigation is the key to creating a successful case but can be time-consuming. Factors like witness availability, delays in receiving medical records, or difficulty obtaining police records can add time to the investigation phase. Naturally, getting started as soon as possible is the best option.
Negotiating with Insurance Firms
How long does a motorcycle accident lawsuit take? Apart from all other factors that contribute to the time taken, negotiations can slow down or speed up the process. Insurance companies can offer low settlements in the beginning, resulting in prolonged back-and-forth discussions. Some people accept a low offer early because it appeals to them, but the best course of action is to take the time to negotiate a better settlement.
Legal Process and Filing the Lawsuit
If settlement negotiations fail, the attorney will file a normal lawsuit. This initiates a series of legal steps, including court motions, trial preparation, and hearings. Court schedules are often booked several months in advance, further lengthening the process.
How to Make the Process Smoother
Even if you cannot control every aspect of your case, there are steps that you can take to move things along.
Documenting, Regularly Communicating, and Being Organized
Keep all medical records, accident reports, and correspondence organized and easily accessible. Document everything associated with the incident, including medical treatments and communication with insurance firms. Communicate clearly with your Irvine Motorcycle Accident Lawyer to prevent unnecessary delays and ensure the case stays on track.
Patience and Transparency
Never rush through a case because it can affect the settlements. Being patient is essential during the lawsuit, as taking the necessary time to build a strong case often leads to a better outcome. Be transparent about your injuries, prior accidents, and medical history. These things are important if you hope to avoid potential setbacks in the future.
Work with a Lawyer
Hiring an attorney after a motorcycle accident can streamline the legal process, letting you focus on your recovery while they oversee the case and all its complexities. How long does a motorcycle accident lawsuit take? Other than giving you a rough yet almost correct answer to this question, an experienced attorney will ensure that the paperwork is filed correctly, all deadlines are met, and negotiations with insurance agencies are managed professionally.
Are you ready to get started? Contact A1 Accident Lawyer today.
Also Read: Who is Responsible for an Accident in a Rental Car?
FAQs
Q1. Can I still sue if I wasn’t wearing a helmet?
A1. Yes, you can still file a lawsuit. However, not wearing a helmet may reduce your compensation, especially if your injuries involve the head or neck, due to comparative negligence laws.
Q2. What if the other driver doesn’t have insurance?
A2. If the at-fault driver is uninsured, you may still recover damages through your uninsured motorist coverage or by suing the individual directly—though recovery might be limited.
Q3. Do I need a police report to file a lawsuit?
A3. While not legally required, a police report is a vital piece of evidence that strengthens your case and helps establish fault, especially when dealing with insurance companies or court proceedings.
Q4. Can social media impact my motorcycle accident lawsuit?
A4. Absolutely. Insurance companies and defense attorneys may use your posts to dispute your injuries or claim. It’s best to avoid posting anything related to your accident or recovery.
Q5. Will my motorcycle accident case go to trial?
A5. Most motorcycle accident cases settle out of court. A trial is only necessary if settlement negotiations fail or liability is heavily disputed between the parties involved.