A motorcycle accident lawsuit usually takes around six months to one year to complete, but many factors influence the overall timeline. Knowing more about what to expect with a motorcycle accident lawsuit can help you determine how long your case may take.
To file a lawsuit with the help of a Las Vegas motorcycle accident lawyer, call George Bochanis Injury Law Offices at 702-388-2005 to schedule a free consultation.
Average Settlement Time
According to the National Highway Traffic Safety Administration (NHTSA), one recent year saw 6,218 motorcyclist fatalities, comprising 15% of all traffic fatalities that year. Many others result in injuries.
If negligence or malicious intent was the cause of these accidents, victims and their loved ones may recover compensation in a motorcycle accident lawsuit. This process can take time and involves insurers in a claim or the court in a trial setting.
The consensus among attorneys is that it takes around six to 12 months to settle a motorcycle accident claim, which is similar to the settlement for other types of motor vehicle accidents. However, the timeline of a case can be shorter or longer than this window, depending on the nature of your case.
How Long Does It Take to File a Motorcycle Accident Claim?
If you’re interested in filing a motorcycle accident claim vs. a lawsuit, this process generally takes less time, but it can still take months or years to go through the claims process. This process will require you to file a claim against the liable party’s insurer to begin. From there, you will need to negotiate a settlement with an insurance adjuster, which can be a timely process, especially if your case is worth a large amount.
Insurers may use tactics to delay, deny, or minimize your claim, making it important to take steps to make this process smoother. At the same time, you should never accept the initial offer from insurers before consulting an attorney, as your case may be worth more than that first offer.
An experienced motorcycle accident attorney can negotiate with insurers, making counteroffers against the initial offer to continue fighting for total compensation. While this process can take longer, it’s often worth it to get the settlement you need. Of course, if the case goes to trial and doesn’t result in a settlement during negotiations, the legal process can take longer.
Factors That Affect the Average Motorcycle Accident Claim Timeline
There are key factors that can impact the total amount of time it takes to settle a motorcycle accident claim or lawsuit. These include:
Degree of Negligence
One item to consider is the degree of negligence and liability. Las Vegas works with a modified comparative negligence model for recovery, which means that victims can still recover compensation even if they were partially at fault or an accident, as long as they aren’t 51% or more responsible for the accident.
The harder it is to determine liability in a motorcycle accident case, the longer the case could take as disagreements occur and liability becomes more difficult to prove on either side. There are also many parties that could be liable for motorcycle accidents, including:
- Other drivers
- Pedestrians
- Vehicle or parts manufacturers
- Mechanics
- Companies
- Municipalities
If the case is complex and involves multiple parties that share liability, it will generally take longer to settle a claim.
Nature of Injuries and Damages Involved
The extent of your injuries and subsequent damages will also dictate how long your case takes to settle. Motorcycle riders are more likely to suffer serious injury because of their vulnerability compared to other motorists. As such, they often sustain a range of serious and catastrophic injuries, many of which result in lifelong complications.
Extensive injuries can come with many consequences. For instance, victims may sustain permanent disabilities that render them unable to work while seeking treatment for the rest of their lives, accumulating more medical bills that they struggle to pay. They may need to cover everything from regular doctors’ appointments to costly surgical procedures.
Meanwhile, fatal accidents could negatively impact the lives of the deceased victim’s family. They’re likely to suffer emotional distress due to the death, along with costs like funeral and burial expenses, on top of medical expenses for treating the victim while he or she was alive.
Because of these injuries and consequences, victims can recover compensation from liable parties. However, the more costs and other elements that contribute to a settlement amount, the longer it will likely take to settle your claim. Also, your attorney may want you to reach maximum medical improvement (MMI) before proceeding with your case to determine the total cost, which is when a doctor deems you to have recovered as much as possible from your injuries.
Whether the Case Goes to Court
Insurance claims generally take less time to file than motorcycle accident lawsuits. Insurance claims typically take weeks to settle, rather than months or years like lawsuits. The reason for this is primarily that claims normally reach a favorable agreement fairly early on, especially if there’s sufficient evidence to prove liability and all resulting damages.
Conversely, you will need to go through the trial process if your case goes to court and both parties can’t reach an agreement. This process involves multiple parts, including filing a complaint, waiting for an answer to the complaint, discovery, pre-trial motions, and the trial. The discovery process often takes the longest as both parties attempt to acquire and organize as much evidence as they can in their favor.
Common Mistakes That Hurt Your Motorcycle Accident Claim or Lawsuit
To ensure your motorcycle accident lawsuit or claim is a success, there are key mistakes to avoid, including:
Failing to Report the Accident
If you or another individual sustains injuries or significant property damage in a motorcycle accident, it’s important to report it to the local authorities. You or someone else should dial 9-1-1 and get police and medical personnel at the scene as soon as possible. Not only can reporting the accident help victims receive immediate medical care, but it can also generate a police report that helps determine liability and the nature of the accident.
Additionally, police at the scene of the accident could record witness contact information and statements, which further supports your claim or lawsuit.
Failing to Seek Medical Care
Even if your injuries appear minor, it’s crucial to seek immediate medical attention from a qualified professional. The longer you wait to seek treatment, the more your injuries could develop and the harder it can be to attribute them to a motorcycle accident.
A doctor will be able to diagnose injuries and prescribe treatment. He or she can also provide you with medical records and receipts, which are essential pieces of evidence in motorcycle accident lawsuits. If you are unhappy with your current treatment plan, consult with your doctor before making a change. Otherwise, failing to stick with your plan could indicate to insurers and others that your injuries aren’t as serious as you claim.
Admitting Fault
Regardless of whether you shared liability in an accident, never admit fault to others, including other motorists and authorities. Doing so could immediately compromise your case, and it can be as simple as apologizing after getting into an accident. When discussing the facts of the case with authorities and others, stick with objective details as much as possible. Speaking with police officers in this capacity could help produce a police report that supports your claim or lawsuit.
Filing on Your Own
Another serious mistake is filing a claim or lawsuit on your own. While you may reach a successful outcome with smaller insurance claims more easily, motorcycle accident cases tend to be complex and difficult to navigate. Any seemingly minor mistakes along the way could render you unable to recover any compensation, let alone total compensation.
On the other hand, having an experienced motorcycle accident lawyer on your side could make the case simpler and easier to settle. Generally, if you suffer serious injuries or extensive property damage in a motorcycle accident, you’re better off consulting with an attorney before filing a case of any kind.
How a Las Vegas Motorcycle Accident Lawyer Can Help
If another party is responsible for a motorcycle accident, and you would like to recover compensation, the following are the advantages of hiring an experienced motorcycle accident lawyer:
Evidence Collection
There are many types of evidence you must obtain to support a motorcycle accident lawsuit or claim. You’ll need to prove that another party was liable, that this liability led to your accident, and that you suffered clearly definable damages that warrant compensation.
In the process, you may collect a wide range of evidence, including:
- Footage of the accident scene and injuries
- Receipts for repairs to damaged property
- Medical bills and records
- Proof of lost income or lost earning potential
- Witness statements
- Police reports
It’s important to be able to acquire as much relevant evidence as possible. Otherwise, you may struggle to defend your arguments. The right lawyer will be able to get a hold of all critical evidence and organize it to support your claim or suit.
Calculating All Damages
You must also know how much motorcycle accident lawsuits are worth before pursuing one. Depending on the circumstances of your accident, there are many damages you may be able to recover in a lawsuit.
For example, you could recover various economic damages that account for the financial costs of your injuries and other damages, including urgent and ongoing medical expenses and loss of income. At the same time, you might qualify for non-economic damages involving your personal losses, like psychological distress and trauma resulting from the accident and your injuries.
You may even be able to recover punitive damages if a court finds that the defendant was liable for gross negligence. Aggravating factors, like especially reckless behavior and a blatant disregard for the well-being of others, may lead a judge or jury in a trial to award punitive damages. The intent here would be to prevent similar acts from causing accidents in the future while financially punishing the defendant.
Meanwhile, a wrongful death attorney could help victims’ families recover compensation following their loss. These damages might include the aforementioned economic and non-economic damages, as well as the cost of burials and funerals.
Negotiating a Settlement or Lawsuit
Regardless of the stakes involved in your case, it’s ideal to speak with a motorcycle accident lawyer who has experience handling cases similar to yours. He or she can determine how to approach your case and ultimately negotiate with insurers or take your case to court.
Even when negotiating with insurers, having a lawyer by your side can be invaluable. While adjusters may seem eager to help you get the compensation you need, the fact is that they’re working for insurers that want to avoid paying out large settlements. As such, an attorney will know the tactics insurers use to either deny or reduce claims, helping you get the full settlement amount.
It’s also essential to have a lawyer with trial experience if you wind up filing a motorcycle accident lawsuit. He or she can represent you throughout the legal process while you focus on recovering and spending time with loved ones.
To succeed with a motorcycle accident case, call George Bochanis Injury Law Offices to help. Contact us online today to schedule a free consultation with one of our attorneys and discover what we can do for you.
