How Long does a Motorcycle Accident Lawsuit Take?

After a vehicle hits your motorcycle and leaves you with injuries, you may be wondering how long a motorcycle accident lawsuit takes to settle. Although no two cases are exactly alike, an average motorcycle injury case typically takes several months to years to reach a conclusion.

The length of time required to settle a case depends on factors like the severity of your injuries, the willingness of the insurance company to negotiate fairly, and the circumstances surrounding the accident. A simple case where you have minor injuries could settle in a few weeks. On the other hand, a complex case where you have life-changing injuries may take a few years to come to an end.

Factors that Potentially Cause a Motorcycle Injury Accident Case to End Faster

Through our collective decades representing victims of accidents, our motorcycle accident lawyers know the unique challenges associated with these types of cases. However, some motorcycle crash cases have factors that lead to a faster-than-average settlement.

No One Is Disputing the Facts

If it’s extremely clear that the other driver caused the accident that left you with injuries, the insurance company may choose to try to settle quickly. Rather than wasting time and money disputing the facts in the case, the insurer chooses to jump into negotiations.

You Are Recovering Quickly

If you receive care for your injuries immediately, allowing you to recover fully within a few weeks, chances are higher that we can reach a settlement in less time than the average case. Cases that tend to take a long time occur when the victim has a lingering injury.

You Hire Legal Representatives Early

Although you have the right to represent yourself in negotiations with the insurance company after your motorcycle accident, it’s possible that the case will settle faster if you hire legal representation. For example, if you retain a lawyer soon after the crash, they can begin building your case right away and keep your case on track and avoid making mistakes that can lead to delays.

When an insurance company realizes you have legal representation on your side, the insurer knows that its attempts at delaying the case by throwing red tape in the way will no longer work. Because the insurer is now ready to negotiate rather than delay, it often leads to a quicker settlement.

Factors that Potentially Cause a Motorcycle Injury Accident Case to Take Longer

Although victims hope to have a motorcycle accident lawsuit take as little time as possible, so they can receive their money, this isn’t always the case. There are a few factors that, when present, almost always cause the case to take a longer-than-average time to settle.

Delays in Filing a Lawsuit

Some motorcycle accident victims may wait to file a lawsuit against the other party. Others wait even longer to hire motorcycle accident attorneys to represent them. Perhaps the victim simply isn’t sure how to proceed.

The longer you wait, though, the tougher it can be for your legal team to help you win a settlement. Hiring us soon after the crash enables us to investigate the facts while they remain fresh in the minds of everyone. 

Additionally, according to HB837/SB236, motorcycle accident victims have up to two years to file a lawsuit. You can try to negotiate a settlement with the insurer without filing a lawsuit. However, when you don’t have legal representation, the insurer may stall during negotiations with you, attempting to draw out the process in hopes that you’ll miss the two-year window, limiting your options.

Complexities in the Case

Insurance companies are less likely to agree to a quick negotiated settlement with you when some of the facts in the case are unclear. For example, if the insurer believes you might have caused the accident rather than the driver who hit you, sorting out the facts can delay the case.

Additionally, if you received treatment for injuries before the accident that are similar to the injuries you are now claiming occurred in the accident, the insurance company may balk at paying a settlement. Cases where pre-existing injuries are part of the argument typically end up taking longer to settle than average.

You May Be Eligible for a Large Payout

Riders don’t have a lot of protection because of the design of the motorcycle, which can lead to severe injuries in an accident. As a general rule, when you have injuries that cause significant changes to the way you can live your life going forward, the case takes longer to settle.

Insurance companies are for-profit companies, and they increase their profits by limiting the amount of money they pay to victims like you. Consequently, they are more likely to settle a case with minor injuries and a smaller payout faster than a case with major injuries and a larger payout.

You May Have Life-Altering Injuries

If the injuries you suffered in your motorcycle crash could linger for many years to come, figuring out a fair amount to request in a settlement becomes more challenging and likely will take more time. 

Your legal team will speak with your doctors to determine if your injuries may leave you unable to return to the work you were doing before the crash. You may be able to request a recovery of the income you will no longer be able to earn for the next few decades.

Along those same lines, if you need ongoing medical care for the rest of your life or special equipment and nursing care to allow you to live at home, these expenses should be part of any settlement you receive. It can be challenging to come to an agreement with the insurer because of the unknown future you are facing, lengthening the time to settle the case.

When You Need Help With Your Motorcycle Accident Case, Ask Dave

At Dismuke Law, we work to help you win the largest possible settlement after your injuries in a motorcycle crash while trying to move the case along as fast as we can. We know you want your settlement money quickly, so you can go forward with your life.

Contact our team today for a free review of your case.