How Long Does a Motorcycle Accident Lawsuit Take?

If you or a family member suffered injuries in a motorcycle accident, you are likely burdened with medical bills and lost income and want to recover compensation as soon as possible. Most motorcycle accident claims are settled out of court within six months to a year, depending on the circumstances.

In this article, we will explain the factors determining how long a motorcycle accident lawsuit takes, timeline expectations, and the details of the legal process.

The Motorcycle Accident Lawsuit Timeline

Each motorcycle accident case is different, but they all follow a similar timeline, including consultations, filing insurance claims, and trying to reach a settlement agreement outside of court or in trial. Here’s what you need to know about the personal injury claims process.

Initial Steps After the Accident

Immediately after a motorcycle crash, you can ensure your safety, minimize injuries, and protect your chances of taking successful legal action by following these steps:

• Ensure safety – Move away from the accident scene, but leave the bike as its position and state reveal much about the crash. Keep your gear on, as you may not feel your injuries due to the adrenaline.
• Call 911 – Seek medical attention and police presence to secure the scene and create a report. A police report is critical evidence in a motorcycle accident lawsuit.
• Gather evidence – If the medical team clears you, take photos of the scene, injuries, property damage, traffic signs, field of view obstructions, and road conditions. Exchange contact information with the other party. You can also ask a friend to do this.
• Contact a motorcycle accident attorney – Do not admit fault, but talk to the police honestly. Call a qualified motorcycle accident lawyer for further advice.

Filing a Claim with the Insurance Company

Filing a motorcycle accident claim starts with gathering the necessary documentation, which includes your accident report, medical records, repair estimates, and witness statements.

After that, you will need to contact the at-fault party’s insurance company and start the claim process. You will be assigned an insurance adjuster who may ask for additional information.

However, insurance companies tend to minimize damages and use your statements to reduce their financial liability. We recommend hiring a motorcycle accident attorney before you file a claim and speak to the insurance company.

Negotiation and Settlement

Most motorcycle accident claims are settled with the other party’s insurance company without a trial. However, insurers typically start with a lowball offer, try to blame you for the accident, minimize your damages and injuries, or even intimidate you into accepting a less-than-fair settlement.

An experienced attorney will be familiar with all insurance company tactics and negotiate a settlement that covers all your damages, including past and future medical expenses, lost wages, property damage, and physical and emotional suffering.

The insurer’s first settlement offer may be received in 20 to 30 days, while negotiations typically take one month to six weeks.

Filing a Lawsuit

You do not have to accept the low offer if the negotiations fail to yield fair compensation. You can file a personal injury lawsuit against the at-fault driver. Our legal team is prepared to represent you and advocate for your rights by:

• Filing a formal complaint that outlines the case against the negligent party
• Serving the other party with the lawsuit
• The at-fault party must respond within a specific time, usually 30 days
• Both parties enter the discovery phase, exchanging evidence and witness statements

When clients decide to go to trial, the motorcycle accident claim takes longer to complete as the process becomes more complex.

Discovery and Pre-Trial

Motorcycle accidents often involve serious injuries, multiple parties, and different views on the situation. The discovery process ascertains the facts, gathers evidence, and exchanges information. It may include:

• Depositions – Witnesses, including the parties involved, provide sworn testimony outside court.
• Interrogatories – These are written questions submitted by one party to the other, requiring written responses under oath.
• Expert witness consultations – Both parties may call Medical and accident reconstruction experts to provide their professional opinions.
• Document requests – The parties can request documents such as medical records and police reports from one another.

Trial and Verdict

The trial process consists of the following elements:

• Jury selection – First, both attorneys select impartial jurors through questioning to ensure fairness.
• Opening statements – The involved parties give their opening statements and outline their view of the case.
• Presentation of evidence – Each side presents evidence to support its claims.
• Closing arguments – Both sides summarize their cases and try to persuade the jury.
• The jury’s verdict – The jury reviews the evidence and makes its decision, which determines liability and the damages awarded to the plaintiff.

Appeals

Appeals are a way for the dissatisfied party to challenge the procedure. They focus on the application of the law and procedural errors, not re-examining the facts.

Appeals can extend the overall timeline by months or even years, especially as the appellate court reviews them. If the court finds any errors, it may order a new trial or adjust the verdict.

Factors That Can Influence the Duration of a Motorcycle Accident Claim

Several factors affect the duration of the motorcycle accident claim, including the severity of the motorcycle riders’ injuries, case complexity, negotiations, and court schedules.

Severity of Injuries

Motorcycle accident victims often suffer more severe injuries compared to other traffic participants, which prolongs the legal process for several reasons.

Firstly, more serious injuries require more complex medical treatment and physical therapy and often involve multiple healthcare providers and specialists. This process may delay the claim until the extent of the injuries is clear. Moreover, it makes it difficult to assess total medical costs and damages.

Consequently, more severe injuries and higher medical costs may lead to extended negotiations, as the insurance company needs more time to evaluate complex medical evidence and determine compensation. Similarly, if the case goes to trial, the trial may take longer as presenting detailed medical evidence requires additional time.

Cases where the motorcycle rider dies are unfortunately common, and they shift to wrongful death claims, which may also take longer.

Complexity of the Case

Motorcycle crashes can be incredibly complex, with various factors affecting how long an accident lawsuit takes to complete. If your case involves any of these factors, it may lengthen the process:

• Multiple parties involved – Multi-vehicle accidents or lawsuits involving manufacturers or other parties complicate determining liability. They also include multiple insurers.
• Extensive evidence collection – For example, the evidence is complex, or it takes time to locate witnesses.
• Disputes over liability – This scenario includes conflicting accounts of the accident or cases where parties blame each other for the incident.

Willingness of Parties to Negotiate

Motorcycle accident claims can be resolved more quickly if both sides are ready to negotiate in good faith. However, a lack of cooperation, including unreasonable demands or refusal to engage in discussions, can significantly prolong the process.

In these cases, an experienced motorcycle accident lawyer can help you deal with people unwilling to cooperate.

Court Backlogs and Scheduling

Court schedules and caseloads can significantly impact the timeline of a motorcycle accident claim, especially if the case goes to trial. Court schedules, also known as dockets, are often crowded, which can cause delays.

If the case goes to trial, your schedule will depend on the availability of judges and courtroom resources. Even if your case doesn’t reach trial, the court’s workload can still affect the overall duration of the legal process.

Average Timeline Expectations

The legal process is much different for cases resolved through negotiations and cases that require trial.

Typical Settlement Timeframes

Handling a personal injury claim typically takes between six months and one year after the motorcycle collision, with cases involving minor injuries resolved more quickly. While the time it takes to settle varies greatly, here are some general timeframes:

• Recovery and evidence-gathering timelines depend on the case and your injuries.
• After you file a claim (do it when you know your total medical expenses), you usually wait 20 to 30 days for the insurance adjuster to send you the first offer.
• Negotiations vary depending on the case’s complexity, usually between one month and six months.
• After you settle, the insurance company usually sends the check in one week.

Cases That Go to Trial

Cases that go to trial typically take longer than cases settled out of court, as they require pre-trial preparations, the discovery phase, and dealing with court schedules and appeals. They usually take between one and three years after the accident.

The Importance of Patience and Persistence

Motorcycle accident cases can be complex and lengthy, which is why we recommend remaining patient and having an experienced attorney by your side. While you may want to seek compensation as soon as possible, it’s better to wait to ensure your claim covers all your expenses and damages.

Managing Expectations

Motorcycle accident lawsuits can take several years, but rushing the process can make the outcome of the claim less favorable. Keep communicating with your attorneys throughout the litigation process to set clearer expectations.

It may help to understand the value of your claim and how much you can recover by remaining patient.

The Value of Legal Representation

A specialized motorcycle accident attorney can help you recover fair compensation, including medical expenses, lost wages, property damages, and pain and suffering.

Skilled attorneys help your case through:

• Providing guidance
• Navigating legal complexities
• Negotiating with insurance companies
• Representing you in court
• Helping you understand the extent of the damages
• Advocating for your rights

Secure Expert Legal Representation

If you’ve been hurt in a motorcycle crash, you have the right to hold the at-fault party accountable and seek compensation for your injuries and pain. The Chicago motorcycle accident attorneys at Rosenfeld Injury Lawyers have helped clients recover millions in motorcycle accident settlements while providing responsive, compassionate, and professional services.

Call us at (888) 424-5757 or fill out our contact form to schedule a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.