There is no easy answer for how long a motorcycle accident lawsuit will last. All cases are unique, and the length of time it will take to resolve your claim will depend on the facts and circumstances involved. The severity of your injuries, number of at-fault parties and availability of insurance all play a part into how long a motorcycle accident lawsuit will take.
A lawsuit and settlement process after a bike accident can take a few weeks to several months and even years depending on the factors involved in the accident. In the case of severe injuries, it’s in your best interest to wait until you’ve recovered to your best possible outcome before filing a settlement demand. While this can be frustrating to hear, obtaining fair compensation for damages often requires the knowledge of the full extent of your losses as well as ardent negotiations between your attorney, insurance companies, and defense lawyers involved.
Motorcycle Accident Settlement Process
A motorcycle accident lawyer’s goal is to make sure that their client receives fair and ample compensation for their losses. In a motorcycle accident lawsuit, injured victims seek financial compensation to cover medical expenses, lost income, emotional injuries, and property damage. An experienced motorcycle accident lawyer will try to ensure you receive compensation that doesn’t leave you on the hook to pay for the cost of the accident and its aftermath that was caused by another party’s negligence.
The first order of business for your case is to build your case by collecting evidence to prove the other party(ies) is liable for the accident. Witness statements, police reports, electronic evidence, and victim testimony are all highly effective and typical types of evidence in a motorcycle crash. Medical records serve as evidence of your injuries and your prognosis for recovery.
How Much is Your Motorcycle Claim Worth?
Motorcycle accident claims often include the total of your medical expenses, lost wages and property damage (among others). Generally speaking, the more severe your injuries, the more medical expense, the more suffering and longer recovery may equal a larger settlement amount. The higher the value that you are seeking, the more complex the negotiation becomes and the longer an insurance company may draw out the process.
In many serious injury motorcycle accident cases, it can take some time to fully understand the extent of the injuries sustained, the ongoing treatment required and the full prognosis. Once you reach maximum medical improvement (MMI), you and your attorney will understand the full extent of your damages -- in the past and anticipated future damages. By settling too quickly, you risk losing out on compensation for your damages. Once you settle your claim, you cannot reopen it down the line when you realize the ongoing medical needs are greater than the amount of your settlement.
Insurance Companies May Stall the Process
After the full extent of your damages are known, your motorcycle accident lawyer will start negotiations with a settlement demand letter laying out your injuries and the case. Insurance companies will do their own investigation and try to uncover evidence they can use against you. They may also delay in offering or paying out settlements. In the event a settlement can’t be reached, by hiring a motorcycle accident lawyer you are then ready to start the legal process and file a claim. While most claims settle out of court, experienced motorcycle accident lawyers can also take your case to trial, to pursue maximum compensation.
Patience
While the vast majority of personal injury claims are resolved through a settlement, that doesn’t mean that you should be quick to accept any offer that comes your way. Insurance companies use stalling and delaying as a tactic to try to persuade the injured person to settle. This may mean that after an initial period of negotiation, a formal lawsuit is filed and the process continues to fight for adequate compensation for your damages. While the legal process may feel long and never-ending, patience is one of the key ways to maximize your compensation.
Contact a Motorcycle Accident Lawyer
While the motorcycle accident lawsuit and claim process may take some time to resolve, don’t let the time frame deter you from seeking the compensation and justice you deserve. If you or a loved one has been involved in an accident that you believe was caused by another person's negligence, contact Brandon J. Broderick, Attorney at Law and speak with a skilled motorcycle accident lawyer as soon as possible.
Our firm has an in-depth knowledge of personal injury law resulting in years of experience and proven results. We pride ourselves in being able to provide clients with the passionate representation they deserve. Contact us today for a free consultation.