How Long Does a Motorcycle Accident Lawsuit Take?

How Long Does a Motorcycle Accident Lawsuit Take?

Motorcycle riding is a way of life for many Americans. To some, it's a hobby; for others, it's their primary mode of transportation or a way to practice more green living. No matter your reasons for owning or riding a motorcycle, you deserve to ride safely on the roadways.

If you were recently in a motorcycle accident and suffered injuries, you may wonder whether you need to file a lawsuit. You may file an insurance claim and, if necessary, pursue compensation through a civil lawsuit. 

However, you must follow a process. Pursuing compensation and an injury claim is best done with the help of a practiced Philadelphia motorcycle accident lawyer. 

They can manage the process for you, giving you the necessary time and space to heal. If a lawsuit should become necessary, they are also skilled at handling litigation matters.

Motorcycle accident lawsuits can take several months or even years, depending on the specific details and facts of the case. The more complex the accident or injuries are, the more likely the case or lawsuit will take longer to resolve.

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Common Causes of Motorcycle Accidents

Motorcycle accidents can happen due to:

• Distracted Driving: This is a significant cause of motorcycle accidents. Drivers texting, talking on the phone, or engaging in other distractions may not see motorcycles on the road.
• Failure to Yield Right of Way: Motorcycles are harder to spot than larger vehicles. Sometimes, drivers fail to yield the right of way to motorcycles at intersections or when merging onto highways.
• Unsafe Lane Changes: When drivers fail to check their blind spots or use turn signals, they may collide with motorcycles while changing lanes.
• Speeding: Excessive speed reduces a driver's reaction time, making it harder to react to sudden traffic changes or notice motorcycles.
• Impaired Driving: Alcohol or drug-impaired driving is a leading cause of accidents, affecting a motorist's judgment, coordination, and reaction time.
• Poor Road Conditions: Potholes, uneven surfaces, and debris on the road can pose severe risks to motorcyclists.
• Left-Turning Vehicles: Accidents often occur when a vehicle turns left in front of an oncoming motorcycle, misjudging its speed or failing to see it altogether.
• Mechanical Failures: In some cases, motorcycle accidents occur due to equipment failures, such as brake malfunctions or tire blowouts.
• Roadway Defects: Poorly maintained roads, lack of proper signage, or inadequate road design can contribute to motorcycle accidents.

Is a Motorcycle Accident Injury Lawsuit Necessary?

Insurance companies, unfortunately, primarily safeguard their own financial interests, not the well-being of injured parties. Their priority is to minimize payouts to maintain profitability. To that end, they may rely on various tactics to protect their bottom line.

To deny your motorcycle accident injury claim, an insurance company might:

• Shift blame onto you for the accident rather than accepting responsibility on behalf of the insured party.
• Assert that delays in seeking medical treatment have exacerbated your injuries.
• Allege that your medical needs are the result of pre-existing conditions, attempting to diminish their financial liability.
• Dispute injuries in cases of low-speed, low-impact collisions, casting doubt on the severity of your injuries.
• Cite missed deadlines for filing an insurance claim, potentially jeopardizing your case.

Sometimes, you may face a difficult decision: accept the insurance company's denial or settle for an offer that doesn't adequately address your damages. Opting for the former can mean undervaluing your rightful compensation, potentially causing financial strain for you and your loved ones.

Pursuing legal action may seem overwhelming, but with a seasoned motorcycle accident attorney by your side, you can navigate the complexities of a legal claim without unnecessary worry. Your attorney will guide you through the process, protecting your rights every step of the way.

The Duration of Your Injury Lawsuit

Each personal injury claim is a unique journey, making it impossible to provide a one-size-fits-all timeline for resolution. The process involves various stages, and while some cases may swiftly conclude within months, others may extend for one to two years.

Several variables influence this timeframe, including the severity of your injuries and resulting damages, the strength of evidentiary support, and the court's schedule, among other factors.

Generally, cases involving more substantial injuries or higher financial stakes tend to require a longer resolution period. Additionally, claims with multiple parties, such as multi-vehicle accidents, may involve a lengthier process.

Patience often proves crucial in seeking fair compensation. While the wait can be challenging, you should never compromise your rightful entitlement for a swift resolution. It's worth noting that insurance companies may hope for a quick settlement to minimize payouts.

Acknowledging the financial strain you may be experiencing, particularly with ongoing medical expenses and a potential loss of income, there are alternatives to consider.

For instance, healthcare liens can provide a practical solution, allowing you to receive necessary care while deferring payment until after your case concludes. 

Under this arrangement, care providers extend their services upfront, with the understanding that they will receive payment from your future settlement or court award. This way, you can focus on your recovery without the added stress of immediate medical bills.

Familiarizing yourself with the workings of a personal injury claim, its time frame, and what to anticipate can instill confidence when consulting with an attorney and navigating the entirety of the personal injury process.

What are Damages?

How much you receive for your injuries depends on your damages. The losses or expenses you incur due to your injury are known as damages. An injured individual can seek two types of compensable damages: economic, also known as special damages, and general, or non-economic damages.

Your motorcycle accident lawyer will identify the damages you have because of your injuries. 

They might include:

• Past and future medical expenses, including hospital bills, doctor visits, prescriptions, physical therapy, surgeries, and medical devices
• Past and future lost income
• Lost earning capacity
• Property damage
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Loss of consortium and companionship

A well-versed lawyer has extensive experience helping injured individuals value their damages. They can evaluate all of the types of damages to ensure that you arrive at a case value that's fair and complete.

Navigating Settlement Negotiations

A settlement is an agreement between an insurance company or party responsible for the injury-causing accident and the injured individual. In a settlement agreement, the at-fault party or their insurance company agrees to pay the injured party a predetermined amount of money.

With a settlement, neither party admits fault or wrongdoing, and no one wins or loses. It's merely an agreement to settle the dispute and move on.

Upon the injured party's official acceptance of the settlement sum, they will sign a release, signaling the end of the potential injury lawsuit process and an agreement to forgo any further civil legal pursuit regarding the incident.

Keep in mind that in the initial aftermath of a motorcycle accident, insurers may extend a small settlement offer, hoping for swift closure with minimal effort and payout on their end.

However, accepting such an offer may not be in your best interest for a variety of reasons:

• Determining your claim's true worth requires legal consultation
• The full scope of your injuries might not be immediately evident, potentially increasing your claim's value later on
• Impulsive decisions, driven by the urgency of medical or other expenses, may not serve your best interests
• In the wake of an injury, especially under prescription medications, clarity of judgment may be compromised

Typically, settlements materialize through negotiations between the concerned parties or their legal representatives. Starting with the injured party's initial monetary demand, the at-fault party typically reciprocates with an offer below the requested demand.

Usually, back-and-forth negotiations ensue, with both sides gradually recalibrating their positions. In most personal injury cases, a settlement agreement happens before trial.

Choosing a settlement over trial has advantages for both sides. Trials carry inherent risks and can be lengthy, incurring added costs. By accepting a settlement, each party regains some control over the case's outcome, saving valuable time and resources.

But, if the injured party deems the defendant's settlement inadequate or unfair in addressing their injuries, they retain their right to proceed to trial, entrusting the court to render a just resolution. Once the court renders its verdict, it stands as the ultimate legal decree on the matter unless one party appeals.

Enlisting the services of a lawyer significantly benefits the settlement process. Your motorcycle accident lawyer will dissect the accident's details, gauge its impact on you, and determine liability. Additionally, lawyers can underscore the gravity of injuries and resulting damages. They factor in potential future medical expenses and the potential for decreased earning capacity during settlement negotiations.

Drawing on their extensive experience, seasoned attorneys skillfully navigate negotiations, analyzing settlement offers in light of potential jury awards for similar cases. They frequently have years of interpreting prior settlements and comparable jury verdicts in many different personal injury scenarios.

Going to Trial After a Motorcycle Accident Injury

Only 4 to 5 percent of personal injury cases in the U.S. find themselves on the trial stage. The remainder get resolved in the pretrial phase, according to the U.S. Department of Justice.

Suppose you decide not to accept any settlements and proceed to trial.

In that case, your attorney will lay substantial groundwork for your case by:

• Conducting depositions and obtaining sworn testimony from both opposing parties and witnesses.
• Composing written interrogations and securing answers under oath from involved parties.
• Performing physician depositions.
• Resolving motions and legal proceedings about the admission or exclusion of evidence.

Yet, despite this extensive groundwork, it may still be a year or more until your case takes center stage at trial. The court's docket will impact your trial date. A personal injury trial typically spans a day to several weeks, depending on the complexity of the accident.

Variables such as the number of witnesses, the length of testimonies, and the complexity of evidence factor into this timeline. Cases involving expert witnesses tend to extend the duration.

Rest assured, your motorcycle accident attorney will thoroughly prepare you for this pivotal day, providing invaluable insights into what lies ahead.

Expediting Your Motorcycle Accident Lawsuit: Your Role in Timely Resolution

While numerous factors affecting your case timeline are unfortunately out of your control, there are proactive steps you can take to prevent unnecessary delays. 

The following recommendations can expedite receiving the compensation you deserve:

• Foster open collaboration with your attorney.
• Quickly respond to their inquiries and requests for information.
• If documents, forms, or evidence are requested, prioritize prompt submission.
• Seek clarification when needed to understand the legal process thoroughly.
• Allocate time in your schedule to prioritize meetings and legal tasks.
• Exercise patience, recognizing that though it may seem prolonged, resolution will eventually come.

Motorcycle accident cases often take a long time to resolve for valid reasons. Principal among these is the necessary time for healing and undergoing necessary medical treatment. Rushing this phase can jeopardize the full extent of your compensation. Without a comprehensive understanding of the potential long-term impacts of your injuries, you may inadvertently hinder your rightful recovery.

By actively participating in your case's progress, you can play a pivotal role in expediting the resolution of your motorcycle accident lawsuit.