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Do you know how long does a motorcycle accident lawsuit take? Most cases are settled outside of court in six to twelve months. It is important for those seeking compensation for medical costs, pain and discomfort, and other accident-related damages to understand the claims process, as well as the factors that affect the settlement timeline.
Many people wonder how long it will take to settle a claim after a motorcycle accident. The length of time it takes to settle a motorcycle accident claim depends on several factors. These include the complexity of the case, the severity, and the cooperation of all parties involved.
Why File a Motorcycle Accident Claim?
An injured person has a legal right to compensation after a motorcycle accident. If you were not at fault, then your claim will be filed with the insurance company of the other party. You would file a claim with the insurance company of the driver who is at fault if you are not at fault.
You can file a claim to receive compensation for certain damages, such as:
- Medical bills
- Lost wages
- Loss of future earnings
- Property damage
- Mental anguish
- Disfigurement and scarring
- Permanent disability
- Loss of companionship
- Wrongful death
The settlement is the amount that the insurance company has agreed to pay for your damages. Insurance companies do not usually pay out large amounts for personal injury claims. You will need to negotiate a higher settlement amount.
Your legal representation, the way the adjuster reacts to your claim, and other factors may affect the amount of time it takes for your claim to be settled.
Timeline of How Long It Takes To Settle A Motorcycle Accident Claim
How long does a motorcycle accident lawsuit take? Motorcycle collision claims are usually settled within one year of the date of the accident. Most motorcycle collision claims are settled within a year unless there are complicating factors or the case goes to court. Working with an experienced motorcycle accident attorney will ensure your case remains on track.
This is how the claim process works, and how each step affects the settlement timeline.
Gathering Evidence to Support Your Claim
The insurance company of the party at fault can be contacted to file a claim for a motorcycle accident. They are responsible for your damages if they are at fault.
You can get help from a motorcycle accident lawyer to gather evidence about the accident, the negligence of the person at fault, and the damages you suffered. Evidence you will need to back up your claim is the following:
- A detailed report of your injuries can help prove your injuries.
- Records of Rehabilitation Therapy
- Document your lost wages by submitting pay stubs or a letter from your employer. You may be able to recover these losses.
- It can be hard to quantify but keeping a journal of your emotional and physical suffering can prove convincing.
- If you can, obtain a statement from a police officer who was on the scene. It can give your account more credibility.
- Dashcam footage
- GPS Data Modern vehicles can track speed and direction. This could be used to corroborate the events you describe.
Motorcycle accidents are also more severe than other types of accidents, as motorcycle riders tend to be more vulnerable than people in cars. Motorcycle accident victims are often left with serious injuries which take time to heal.
Wait until you total your medical bills and understand how your injuries affect other aspects of your life, like lost work time, before filing a claim. The value of your claim will depend on this. This will have an impact on the time it takes to settle your claim.
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Your Personal Injury Claim Is Filed
To have a valid motorcycle accident claim, you must provide proof that:
- The party at fault was negligent.
- It was their negligence that caused your accident.
- The incident caused you to suffer damages.
Ordinary negligence is a lack of “ordinary diligence”, which is the level of care that a prudent person would take in the same or similar circumstances.
In most motorcycle accidents, the at-fault driver is another driver who caused the accident by being careless. The at-fault parties can be either a government or a company.
Your Insurance Company’s Response to Your Claim
The insurance company must reply to your claim after receiving it. They may approve your claim if your evidence is convincing. They will pay you the full amount you request. Insurance companies often fight injury claims and make it hard to receive the full amount.
Insurance companies may use tactics such as:
- Responding to your claim as slowly as possible.
- They blame you for part or all of the accident.
- Do you have any questions about your injuries?
- Intimidating you or encouraging you to settle quickly.
- They offer you a low-ball settlement in hopes that you will accept it.
A motorcycle accident attorney will be able to communicate with your insurance company and make sure they do not take advantage of your situation. You should not sign any documents, accept money, or give recorded statements from an insurance company before consulting with an attorney.
Settlement and Negotiation
Your lawyer will negotiate with the insurance company if they offer you a lowball compensation, deny your claim, or prolong things in any other way. Your lawyer will work to ensure that you receive the maximum amount of compensation for your past, current, and future losses.
The first settlement offer you receive from your insurance company may take 20-30 days. Negotiations may continue for several weeks after that. This process usually takes between 30 and 6 weeks. How the negotiations go will determine how long it takes.
The settlement of more complex cases may take longer. Your lawyer will do everything possible to make sure that the insurance company has little to dispute. You’ll receive the settlement quickly if everything goes according to plan.
Accepting a Settlement Versus Filing a Motorcycle Accident Lawsuit
The insurance company may ask you to sign a release if your lawyer has negotiated a fair settlement. By signing this agreement, you accept the amount offered and close your case. You will no longer be able to take legal action for this accident.
This is how most motorcycle accident claims are settled. You can often settle with the help of an experienced attorney that will cover your damages. Some cases, however, are more complex than others and your lawyer may recommend that you file a lawsuit.
Your attorney will guide you through the legal process. However, if you decide that you want to sue the party at fault and their insurer in court, it will take longer.
How long does a motorcycle accident lawsuit take? You can still settle the case on trial day, even if you have decided to sue. To avoid trial costs, insurance companies usually try to settle.
Let’s Recap!
The specifics of your claim will determine how long it takes to settle. You may be able to settle your claim within a year, or even two, depending on the length of time it takes for you to heal. Contact Tenina Law to maximize your chances of recovering compensation for all damages.
Over the past years, our motorcycle accident attorneys have helped injured bikers. We have extensive experience winning these cases, and you won’t pay a fee until we recover money for you. Call us or email Tenina Law to set up a free consultation.
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