How Long Does a Motorcycle Accident Lawsuit Take?
It is difficult for a motorcycle accident lawyer to give you an exact timetable for how long your lawsuit will take. Like any other answer that an attorney will give you, their response will be that it depends on several factors and how they apply to your case.
Your case can be resolved in a matter of months, or it can last for more than a year. Any motorcycle accident attorney in Marietta will tell you that, while timing is out of your control, you need to be as patient as possible to give yourself the best chance of getting all the money you deserve.
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You Have Legal Options for How You Can Obtain Financial Compensation
You may not even choose to begin your case by filing a motorcycle accident lawsuit. You have two primary options for handling your case.
Many motorcycle accident victims choose to begin their case by filing a claim with the responsible driver’s insurance company. It is rare for an insurance company to be in a hurry to settle your claim by giving you all the money you are due upfront. If an insurance company wants to settle your claim quickly, you should always be suspicious of their motives and what they may be trying to accomplish at your expense.
It is not uncommon for an informal claims process to take up to a year or longer. However, there are times when liability is extremely apparent, and your claim might settle faster.
Either way, you should be prepared for the insurance company to drag out the process for as long as possible. If the insurer fails to make a fair settlement offer, your attorney might escalate the matter to litigation.
What Are the Milestones in a Motorcycle Accident Case?
A motorcycle accident lawsuit may take even longer than an insurance claim. You need to go through the court system and potentially the entire trial process. Here, you are not only at the mercy of the insurance company, but the timing is also governed by the court’s process and any backlog in its docket.
There are numerous steps to the motorcycle accident lawsuit process.
- You control the timing of when the lawsuit begins. You give your attorney the green light to draft the complaint and file it with the court and other parties. The only constraint on when you open your case is that you must file it in court and serve it on the other party before the statute of limitations expires.
- In many jurisdictions, the defendant gets 30 days to respond to your complaint by filing an answer with the court, although they may seek an extension of this deadline.
- The defendant can add further time to the process by filing motions with the court, seeking to have your case dismissed on various grounds that the judge must rule on before the case proceeds.
- The discovery process adds a great deal of time to your case because both you and the defendant get to request information from each other. Your attorney can conduct depositions, where they get to question the defendant’s witnesses (including the driver involved in the crash) under oath. You can expect to have your own deposition taken, where you will also have to answer questions.
- A trial only happens after the rest of the entire legal process. You may be surprised to learn that a trial may only last for a one or two days as the capstone of a legal process that may have already taken a year or more by that point.
Settlements Can Reduce the Amount of Time Needed for a Lawsuit
Of course, the lawsuit process can be short-circuited if you can agree to a settlement with the insurance company, which is defending against your case in court. The question is, at what point in the motorcycle lawsuit process is the settlement agreement reached?
The insurance company can try to settle the case relatively quickly, or they may become more motivated to resolve the controversy as the trial approaches. It is very common for motorcycle accident lawsuits to settle after the conclusion of the discovery process and before the jury trial approaches.
It may take you some time to be in a position to file a motorcycle accident claim or lawsuit. A motorcycle accident lawyer will need to perform a full investigation of what happened. They will have to assemble evidence that can prove a driver was negligent while also ascertaining the value of your case.
Never assume that a motorcycle accident attorney will be in an immediate position to file a claim or lawsuit on your behalf. They have work to do first.
You Should Contact a Motorcycle Accident Lawyer Immediately
While you do not have overall control over the process or timing, the best thing you can do is contact an experienced motorcycle accident lawyer. Your attorney needs time to work on your case for them to be most effective. The best thing about a motorcycle accident lawyer is that it does not cost you any money out of your pocket to speak with them in the first place and for them to represent you. You are obligated to pay a motorcycle accident attorney only if you win your case by obtaining a settlement or jury award.
Do Not Settle the Case Just to Make it Quicker
Darl Champion, Marietta Motorcycle Accident Lawyer
Finally, you also control some of the timing by deciding whether you will accept a settlement offer made to you. The last thing you want to do is agree to something because you are desperate for the money. The insurance company knows that you are in a difficult financial position, and they may try to take advantage of it by making you lowball settlement offers and dragging out the case for as long as they can. An experienced Marietta personal injury lawyer can help keep that from happening by providing you with strategic advice and hard-hitting advocacy when necessary.
With a skilled attorney you can trust that your case is being handled by professionals who understand the intricacies of personal injury law and will fight to maximize your compensation. Don’t settle just to make it quicker – protect your rights and secure the best possible outcome for your case.