Motorcycle accidents are often catastrophic and can have far-reaching implications on the life of the victim. In addition to the physical and mental pain associated with the accident, the victims incur substantial medical bills necessary for treatment. For this reason, claimants are often in a hurry to file a claim and, at the same time, settle at the earliest opportunity for their injuries.
Unfortunately, the claim process is complex and time-consuming. Claimants who are fortunate to obtain compensation quickly often receive a lowball settlement offer that doesn’t reflect the amount of compensation they deserve, while the rest have to withstand their debilitating condition as they wait for compensation. Although patience is imperative in the claim process, it is vital to understand how long the motorcycle lawsuit will take.
Stevenson Klotz Injury Attorneys share the stages and timelines of a motorcycle accident lawsuit, including the factors that may affect the process. Learn how our personal injury attorneys can help you during a motorcycle accident case.
How Long Does a Motorcycle Accident Settlement Take?
The length of a motorcycle accident settlement is not definite. This is because every accident is unique, and, at the same time, other factors come into play during the claim process that may impact the claim.
Therefore even in a motorcycle accident where the facts are similar, the length of the accident settlement is not easily determined from the onset.
However, with a competent and qualified personal injury attorney, you may be able to evaluate your claim and determine the approximate time your claim may take, from several months to over a year.
Stages and Timelines of a Motorcycle Accident Lawsuit
Your personal injury attorney sets the claim process in motion after filing the claim.
The following are some of the stages and timelines of the claim process:
Before litigation commences, your attorney may decide to write a demand letter to the defendant requesting a settlement. Consequently, the defendant will be required to respond by agreeing to pay you a fair and just settlement. This process usually takes a month.
If the offer doesn’t reflect your injuries and losses, your attorney may re-negotiate until they find an amicable solution. However, if no agreement is reached, your attorney may decide whether or not it is in your best interest to proceed to court.
It is imperative to have an attorney at this stage in order to avoid accepting a lowball settlement offer that doesn’t reflect your injuries and losses.
If your case doesn’t settle, then you will likely file a lawsuit.
This is the initial stage of the lawsuit, where the parties must submit their claims and defenses.
On the one hand, the plaintiff must submit a complaint to the defendant, which defines the cause of action. On the other hand, the defendant must provide a formal answer to the complaint.
At this stage, the parties are required to exchange any pertinent information relating to the issues raised. It is at this stage that your attorney will send or receive any relevant documents relating to the accident and other issues for determination.
The process can take weeks or even months to complete, depending on the complexities of the issues.
At this stage, the plaintiff and defendant must submit requests (motions) to the court. For instance, your attorney may file a motion for the court to grant an extension of time, to dismiss a particular issue, or to exclude evidence.
This process is complex, lengthy, and are usually submitted six weeks before the trial.
At the trial stage, the plaintiff and the defendant are required to submit relevant evidence supporting their claims or dispute any claim made against them. Also, at this stage, the parties can call witnesses to testify.
Consequently, after the parties have presented their evidence, the judges or jury will consider all the facts and evidence and make a determination.
The trial process may take, on average, a week to settle.
Even after the judges have rendered a verdict, the parties can still file more motions. The motions might require judges to set aside or reduce a verdict or award attorney fees or other costs.
Similarly, the post-trial stage also involves appealing the verdict to a higher court.
What Factors can impact the Timeline of a Motorcycle Accident Lawsuit?
Multiple factors come into play before, during, and after the claim process. These factors are vital and play a huge role in the success of your claim.
Some of these factors include:
- The severity of the Injuries: The more serious the injury, the longer the motorcycle claim process. This is because a lot of time will be spent evaluating the extent of the injury and gathering other medical records that may help in the claim process. For example, traumatic brain injuries, fractured bones, and spine injuries require repeat and extensive treatment, which can translate to months of rehabilitation before legal proceedings are possible.
- Types of damages you pursue: Every motorcycle accident is unique. Therefore the types of damages you pursue in your motorcycle accident claim can affect the timeline of the lawsuit. For example, if you pursue punitive damages, you will spend time demonstrating the threshold for them required by law.
A personal injury attorney can initiate and expedite the claim process and will work hard to ensure that the settlement process is completed expeditiously.
Injured in a Motorcycle Accident? Contact Stevenson Klotz Injury Lawyers
At Stevenson Klotz Injury Lawyers, we have experience handling personal injury claims in Florida and Alabama, and we understand what it takes to succeed in your case.
We will protect your rights and safeguard your interests throughout the claim process. At the same time, we will endeavor to ensure you receive a fair and just settlement expeditiously.
Motorcycle Accident FAQs
When should you report the motorcycle accident to your insurance company?
Practically speaking, it is imperative to report the accident within 24 hours after the accident. However, you should consult a personal injury attorney before communicating with your insurance company.
What is the average motorcycle accident settlement?
There is no definite amount of settlement payable in a motorcycle accident claim. This is because every case is unique, and the settlement is evaluated based on the facts and circumstances of each case.