If you or someone you know is in a motorcycle accident, you may find yourself searching for an attorney immediately. You might be curious about how long a motorcycle accident lawsuit takes, or the potential compensation you could receive.
While you need a skilled attorney to give you more detailed information related to your case if the time comes, here is some general knowledge to keep in mind, just in case.
Immediately After the Accident
If you find yourself in a motorcycle accident, prioritize your health. Even if you feel fine, seek medical attention as soon as possible, as some injuries may not be immediately apparent. Be extra cautious if you suspect head or spine injuries and wait for emergency responders.
Motorcycle accidents often cause serious physical harm, so get the necessary medical care. Collect all parties’ contact details, including their vehicle and insurance information. It is also important to gather details from any witnesses at the scene. If safe, take photographs to document the accident, your injuries and motorcycle damage. All this information is necessary for your lawyer.
Dealing with a motorcycle accident can be incredibly stressful, especially if you've never navigated the insurance claim process before. The open-ended timeline adds to the difficulty of the situation.
Understanding a claim and lawsuit’s typical timeline can help alleviate some stress. While every case is unique and settlement times can vary, many claims tend to follow a similar outline. The entire process’ duration often depends on how you and your motorcycle accident attorney handles each step.
Hire an Attorney for your Motorcycle Accident Lawsuit
Of course, it's important to connect with a personal injury attorney who can guide you through the legal process after a motorcycle accident. They can support you in filing the necessary paperwork, researching the case specifics to find additional evidence, and offering legal advice and representation as your case progresses.
If you're in a motorcycle accident, your lawyer’s personal injury case goal is to demonstrate that the other party's negligence led to the accident that caused your injuries. If proven with strong evidence, you may receive compensation that covers your damages. This compensation can include economic damages, as well as compensation for pain and distress you've experienced.
Based on your lawyer's information, the total amount should cover all medical expenses, including emergency room costs, surgeries and any subsequent care like rehabilitation and future treatments. You should also receive compensation for any income you may lose during your recovery period, as well as any disability costs.
Timing Affects Eligibility, Too
Timing and shared liability can affect your eligibility to file a claim. In some cases, if you wait too long to file, you might not be able to get the compensation you deserve. For example, in some states, if two years pass before you file a claim, you may lose your right to seek compensation.
Another important factor to consider is shared liability. If you are more than 50 percent at fault for the accident, you may not recover compensation under some comparative negligence statutes.
You need a lawyer who understands these laws before proceeding with a claim. You could end up filing a claim on time only to find out that you aren't entitled to any damages; it would be frustrating, to say the least. The best action is to hire an attorney. This will provide you with the clarity and assurance you need before taking any further steps. By consulting with a professional early on, you can make informed decisions and protect your rights.
What Determines a Motorcycle Accident Case’s Timing?
You need a lawyer to estimate the length of your motorcycle accident lawsuit. The complication level significantly influences the time frame. Complicated incidents typically require more time to reach a settlement than simpler cases.
When it’s not clear which party is at fault for the accident, especially if there's shared liability or multiple vehicles involved, it might take more time to determine the responsible parties and who’s responsible.
Your accident injury attorney's negotiation skills, as well as the at-fault party's insurer, can impact your claim’s duration significantly. It might take several weeks to a few months for a fair and reasonable settlement that covers your damages.
However, if the insurance company remains steadfast in its liability stance and settlement offers, the personal injury claim resolution may extend from several months to a year or more.
If you and your attorney can come to a fair settlement agreement with the insurance company without going to court, which often happens with many motorcycle injury claims, the whole process could be over in just a few weeks.
Settlements often take a month or more after the accident, but it varies case by case. Sometimes, you could find yourself waiting a month or more for the first settlement offer alone. Whatever the time frame, never accept immediately. Contact your lawyer instead.
Insurers almost always look for ways to pay less, or avoid payouts altogether. They may try to deny the claim or offer a very low settlement offer, perhaps trying to blame you for the accident. For example, if you rode without a helmet in a state that requires one, or they claim you were, the insurer can try to say you are partially responsible for damages.
The more complicated your case, the greater the chance you’ll get pushback from the other party’s insurance company. This is where it’s particularly important to have a motorcycle accident lawyer help you. A lawyer can help you by making your case much stronger and negotiating on your behalf with the insurance company for the best possible settlement and, if necessary, taking things to court.
Motorcycle Accident Lawsuit Timeframe
The timeframe for reaching a motorcycle accident lawsuit settlement can vary based on your case specifics. You cannot always get a fair settlement promptly or outside the court, especially if the insurance firm refutes liability. Resolving such cases could take anywhere from a few months to a year.
When filing a damages claim after a motorcycle accident, you must:
- Prove that the other driver caused the accident and damage
- Determine the damages’ value
Therefore, it’s important to construct a substantial insurance claim to present to the at-fault driver's insurance provider. If the other driver is deemed entirely at fault, both the driver and their insurer are accountable for compensating all the damages suffered, as stated by the Official Code of Georgia Annotated (OCGA) § 51-12.
Most motorcycle accident claims are settled once all accident information is submitted and evaluated. If it’s clear that the other driver was at fault, then you and your attorney might not receive much resistance when you push for full damages compensation.
Things may also move quickly if you have few injuries and no pre-existing conditions, there’s no dispute about who’s at fault and the driver has full insurance coverage.
A claim requires that details be evaluated, such as accident photos, medical expenses and doctor’s reports, damages and repairs, witness statements and other aspects. It’s not uncommon for insurance companies to draw things out and make them difficult.
If your lawyer helps you reach a fair settlement with the other party’s insurance company, you will have to sign a release that relinquishes your right to sue the other, at-fault party and officially accepts the settlement.
Fortunately, most cases end here and you’ll receive the money you need. It’s normal for the insurance adjuster to take a few days, possibly a week to send your settlement funds. When you work with a personal injury lawyer, they will usually receive your check, take their fees and any other necessary costs, and then send the remainder to you.
However, if you do not reach a fair settlement agreement, your lawyer may need to help you take the case to court for a personal injury lawsuit. You’ll experience a few phases before the trial starts.
Discovery
This is the first phase. After the lawsuit is filed, during discovery, each party involved exchanges pertinent information like documents, testimonies and witness statements, etc. Both sides must be clear on what happened and the results, such as injuries.
Discovery may answer questions about who you can hold responsible. The case can settle anytime during discovery as details become clear.
Alternative Dispute Resolution
Once you've sorted out all the case details, it's time to dive into alternative dispute resolution (ADR). ADR, which includes mediation and arbitration, introduces a neutral third party to explain how a judge or jury might perceive your case. The main goal here is to seek a resolution before going to trial.
The mediation phase could last for hours or days. If both parties can find common ground, the lawsuit may settle. It's all about finding a fair middle ground and moving forward.
Court Trial
Very few motorcycle accident cases go to trial.
Trials take a lot of time and money, and if you don't win, you miss out on the opportunity to receive a settlement. That's why a good lawyer will only suggest going to trial if they truly believe you have a strong chance of winning, usually in severe motorcycle accident cases.
If you decide to go to trial, prepare for a lengthy process. Remember this as you weigh your options and consider how best to proceed with your case.
Be Prepared and Have a Motorcycle Accident Lawyer's Name Ready
Remember, every situation is unique, so seek legal advice specific to your circumstances. If you're unsure about your options, talk to a motorcycle accident lawyer for valuable insight into the best course of action for your situation.
Most motorcycle accident cases are resolved in a matter of months. Unless the situation is unusually complicated or both parties cannot reach a fair agreement, the process generally moves swiftly. That being said, having a knowledgeable motorcycle accident lawyer by your side can make all the difference. Research indicates that claimants tend to receive higher settlements and reach resolutions more quickly when they have the support of a seasoned attorney. So, if you find yourself in such a situation, seek legal counsel.