No two motorcycle accident cases are exactly alike, so no two can have identical settlement timelines. Because a number of factors will play a role in how long a motorcycle accident claim takes to settle, no one can tell you the exact timing of your case. It could take weeks or months for each side to complete their investigation and feel ready to begin the negotiation process.
If a lawyer represents you, they will explain all the factors that determine how long it takes to resolve your case, as well as why it is important to take your time during the negotiation process and avoid the temptation of a speedy yet insufficient settlement.
Filing Deadlines Will Affect Your Motorcycle Accident Timeline
In most cases, you will not have to go to court. Still, you may file a lawsuit after the accident, even if you are working toward a settlement. The attorney representing you will explain the importance of meeting the statute of limitations.
This filing deadline affects more than your ability to file a lawsuit. It can also affect the negotiation process because if you don’t file your lawsuit on time, the at-fault party and their representative may refuse to negotiate with you. As such, an expired statute of limitations could mean you will not have legal recourse to compel them to compensate you.
The filing deadline can also vary based on the age of the injured party and the outcome of the accident. It can be confusing without legal guidance and support. A personal injury lawyer can help you understand the statute of limitations, anything that may cause it to fluctuate, and the steps they take toward the timely filing of your lawsuit.
For legal consultation, call (410)777-8960
Additional Factors That Influence How Long It Takes to Settle Your Claim
Understanding the cause of the accident, identifying the negligent driver, and negotiating a settlement all play a role in how long your case will remain open.
The time it takes to settle your case can also varies depending on whether you file a personal injury or wrongful death claim. A wrongful death claim can mean waiting on autopsy results and the issuance of a death certificate.
The lawyer you select will clarify your financial recovery options based on the outcome of the accident and each step of the subsequent process. They can explain the potential timeline of each step, what you need to know at each phase, and what you can expect.
Investigating the Cause of Your Motorcycle Accident
The investigation into your accident can take significant time, affecting how long it takes to settle your case. Both sides will conduct their own investigation, which can extend the time even further. The investigative process can involve:
- Obtaining police reports when they are ready
- Locating and interviewing witnesses in detail
- Collecting and reviewing physical evidence
- Reviewing medical records that describe your injuries
- Obtaining evidence that documents the accident’s financial aftermath
- Consulting subject matter expert witnesses
- Commissioning an accident scene reconstructionist
Your lawyer will conclude the cause of your accident and share their findings with the at-fault driver and their representatives.
Collecting Evidence That Defines Negligence and Liability
You deserve time to recover from the physical and emotional trauma of a collision between your motorcycle and a larger vehicle. While you focus on your physical recovery, your lawyer will focus on your financial recovery by building a robust evidence file. It may contain:
- The accident report
- Witness statements
- Accident reconstruction
- Proof of income
- Medical records
- Medical bills
- Accident scene photos
- Expert witness testimonials
The weight of the evidence your legal team collects can lead your case toward a settlement. It can also influence the time it takes to settle your case.
Presenting Your Case and Negotiating a Settlement
Your lawyer will do more than collect evidence on your behalf. They will also create an organized case file that tells the story of your accident. It will include objective evidence from varying points of view that supports your right to recover damages.
Even if your case does not go to trial, your lawyer or the at-fault party’s representatives may still conduct depositions. If so, your lawyer will prepare you for this process and explain your role in the timing of your settlement.
The settlement process typically starts with a demand letter that your lawyer will prepare for you. It will include details of your post-accident costs and the amount of compensation you are requesting. From there, the settlement negotiation process will commence with back-and-forth rounds of offers and counteroffers.
You Play a Role in the Timeline of Your Motorcycle Accident Settlement
When you hire a lawyer to negotiate your settlement, they can take care of all the details—big and small—of your case. They will weigh each monetary offer as they are submitted and explain the feasibility of each offer.
Your lawyer will make recommendations that steer you toward making a well-informed settlement decision. However, they will not usurp your right to make the final decision to accept or reject an offer.
Because this final decision is yours to make and you may need time to consider each offer, you, too, influence how long it takes to resolve your case with a settlement agreement. It can be difficult to wait for your case to finalize since it likely creates an ongoing financial hardship. This should not prevent you from considering each offer carefully.
Get Your Free Motorcycle Accident Consultation Today
If you or a loved one was injured or you lost a loved one in a motorcycle accident, our law firm will help you pursue financial compensation.
Learn more about your compensation options and how long it takes to settle your motorcycle accident claim in a free consultation with our team. Contact Adam Smallow Injury Lawyers to start pursuing the at-fault driver today.