How long does a motorcycle accident lawsuit take? A motorcycle accident lawsuit can take anywhere from one to three years to settle, depending on whether the case goes to court and on any disputes within it. Most accident claims never get to the point of a lawsuit but settle out of court in the victim’s favor. That means formal litigation is not necessary most of the time.
If disputes continue, meaning the victim and the insurance company cannot agree on the terms, it can take longer for the case to settle through a trial. Speak with a Waterbury motorcycle accident lawyer about your case today.
Disputes Over Liability
In some motorcycle accidents, the insurance company determines who is at fault and the level of fault in each case. Disputes over fault are very common in motorcycle accidents, thanks in part to stigma around riders. If there are any disputes over fault, this can increase the length of time it takes to reach an agreement. Some of the most common disputes revolve around:
- Disputes over how fast the motorcycle rider was going, and therefore their contribution to the accident
- Whether or not the motorcycle rider was engaging in lane splitting
- Whether or not the rider was wearing protective gear, such as a helmet
- Claims that other parties are at fault instead of or in addition to the at-fault defendant
- Disputes over the types of injuries and losses you are claiming, especially if there is concern over previous injuries
Disputes can extend the timeline if there is no concrete evidence to support your claim. Insurance companies will invest in trying to deny the claim by claiming there is doubt about the losses you are claiming. By working with a motorcycle attorney, you reduce that risk to some degree since your lawyer will only file a claim backed by real evidence.
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The Type and Severity of the Injuries You Have
It is rarely wise to settle your case before you know the extent of your injuries and related losses. If you do not know if you will recover fully from the accident, or you have no idea what type of medical care you may need, you cannot simply settle the case. If you have any of the following injuries, your claim is likely to take longer due to the severity of the risks:
- Traumatic brain injuries
- Spinal cord injuries, especially if there is a risk of paralysis
- Complex fractures requiring surgical treatment
- Significant lacerations resulting from road rash, especially when infection occurs
- Amputations
- Loss of mobility or any of the senses
- Internal injuries with organ damage
- Significant disfigurement injuries
In these cases, your motorcycle accident attorney will not recommend settling your case until you reach your maximum medical improvement (MMI), which means your doctor believes you are not likely to see additional improvement. This is the first obstacle in your lawsuit timeline.
Effective Settlement Negotiations
Most cases settle out of court, but that can only happen when you and the other party agree on the conditions. Even when disputes over fault are settled, you may be unsure if you are willing to accept their offer of compensation. Most cases settle out of court after a series of negotiation rounds held by skilled attorneys.
Attorneys can handle negotiations well and often have the benefit of having extensive legal knowledge on their side. They know what the court expects in this process and how to get insurance companies to agree. In that way, the experience and knowledge of the motorcycle accident lawyer can play an important role in how long it takes to reach a settlement in your case.
Statute of Limitations
Keep in mind that the statute of limitations in Connecticut for filing most personal injury claims is two years from the date of the incident. Your attorney will work quickly within that timeframe to build your case and evidence before agreeing to a settlement.
The Discovery Phase
When coming to an agreement is not possible, your motorcycle accident lawyer will then file a lawsuit against the at-fault party in the local court. In doing so, the case enters the discovery process, an opportunity for both parties to ask questions and demand evidence to substantiate their claims.
The discovery phase can take six months in some cases or up to a year in others. This process can be elaborate and involve depositions and the sharing of evidence. Some situations are a bit more extensive than others. The back-and-forth process of discovery can be unnerving, but it often results in an agreement between both parties.
In other words, the case still does not go to court as long as both parties agree on the terms. Your attorney will prepare you for the discovery phase by reviewing all evidence with you, helping you prepare for the questions you may face, and standing by your side throughout the process. Each of these steps protects you and helps speed up the process.
The Court Backlog
You filed a case. The discovery process is over. Now you need to wait for the court to make time to hear your case. Unfortunately, this is a part of the process you cannot control, and you must be patient even if you want to just move on. If the court docket and scheduling availability are limited, then you could see your case take longer to move through the system.
Keep in mind that there are still opportunities for mediation and out-of-court resolution. But if you have to wait for a trial date, the process can take several months and even a year or more from start to finish. More so, this varies considerably from one jurisdiction and courtroom to the next.
Let Our Motorcycle Accident Lawyer Help You With Your Case
No one wants to wait for legal resolutions after an accident like this. At the Law Offices of James A. Welcome, we believe in expediting your case, moving it through the system as quickly as possible, and most often, settling out of court.
How long does a motorcycle accident lawsuit take, then? Set up a free consultation to review your options.
