Motor Vehicle AccidentsHow Long Does a Motorcycle Accident Lawsuit Take?

January 18, 20250

There is no guaranteed timeline for any type of lawsuit. The duration of a motorcycle accident lawsuit can vary depending on several factors, including the complexity of the case, the severity of the injuries, the willingness of the parties to settle, and the court’s schedule. On average, the process can take anywhere from several months to a few years.

Having an attorney is the best way to ensure your case stays on track throughout the process. An experienced Fort Smith motorcycle accident attorney can answer any questions you have about the process, including how long the whole process will take. Again, there is no guaranteed timeline after a motorcycle accident lawsuit, but the following can give you an idea about the process and what goes into resolving a motorcycle accident case.

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How Common Are Motorcycle Accidents? 

Given the small number of motorcycles that are registered and on the road, there is a surprisingly large percentage of motorcycle accidents. According to the National Highway Traffic Safety Administration, motorcyclists get into traffic crashes across the country more than people who drive cars, trucks, cyclists, and pedestrians. Nearly 6,000 motorcyclists died in traffic crashes nationwide.

Pre-Litigation Phase

After the accident, your lawyer will typically try to resolve the case by negotiating with the at-fault party’s insurance company. During this period, the lawyer gathers evidence, speaks with medical professionals, and evaluates the extent of damages and injuries. This process can take around a few weeks to several months.

Settlement Negotiations Phase 

Settlement Negotiations Phase 

The settlement negotiations phase is an important part of the motorcycle accident claims process. Motorcycle accident claims typically begin with an attempt to settle your case with the insurance company.

You should have an attorney handle this process to ensure you get the best possible outcome from the negotiation process. An attorney will also help you protect yourself from the large insurance company. Insurance adjusters might employ several tactics to avoid paying out claims to protect the company’s profit margins. Some common examples of tactics that the insurance company might use include the following.

  • Adjusters might delay communication with you and stop responding to try to exhaust you into dropping your claim. 
  • You might get overwhelmed by the insurance company’s communication, even some correspondence threatening to settle your claim quickly.
  • Insurance companies often deny accident victims’ injuries to avoid making a payment. 
  • The insurance company might offer a lowball settlement that does not account for all the injuries that you suffered in the motorcycle accident. 

Negotiations take time, and the process may drag out if the insurance company disputes liability or damages. If your injuries are still being treated or evaluated, settlement may be delayed until a complete understanding of your medical prognosis is available.

What Happens When I Accept a Settlement Offer? 

Accepting a settlement offer ends your case. It is important to carefully review the terms of the settlement agreement because there is no going back once you sign a release of liability. A release of liability contains terms that the insurance company presents for settlement. Typically, this document contains boilerplate language, but speaking to an attorney before signing the release is still wise. After settling the case, receiving the release of liability usually follows quickly.

Filing a Lawsuit 

If the settlement negotiations phase does not produce a fruitful settlement, your attorney might decide to file a lawsuit. The complexity of the case and the number of parties involved can affect the timeline.

Your attorney will file a formal complaint with the court outlining your claims. Each side will exchange evidence, conduct depositions, and gather information to build their cases. During the litigation phase, there may be motions to dismiss, motions for summary judgment, or other legal proceedings that can delay the timeline.

There is no guaranteed timeline for how long a case will take to resolve; lawsuits can take several months to several years to complete.

Trial 

If the lawsuit does not settle because each side cannot come to an agreement, the case will be set for trial to resolve your claim. Both sides will present evidence, witness testimony, and legal arguments to a judge or jury during the trial. Trials typically last anywhere from a few days to several weeks or longer, depending on the case’s complexity.

After the trial, the losing party may choose to appeal the decision, which can extend the case for additional months or years.

What Factors Affect The Timeline For My Motorcycle Accident Case? 

Several factors affect the timeline for your motorcycle accident case. The time it takes to resolve a motorcycle accident lawsuit depends on various factors. An experienced attorney can help expedite the process by negotiating effectively, handling legal procedures, and providing guidance throughout the legal journey. Here are a few to consider:

Negotiation and Settlement

Cases settled before a lawsuit is filed or during litigation can be resolved much faster, usually within a few months. However, cases that go to trial often take significantly longer to conclude.

Court Backlog

Some courts have heavy caseloads, leading to delays in setting trial dates or processing motions.

Insurance Company Tactics

The resolution process can be prolonged if the insurance company disputes liability, attempts to delay proceedings, or undervalues your claim.

Severity of Injuries

Serious injuries that require long-term medical treatment or multiple surgeries may delay the case’s resolution. Before settling the matter, it is important to understand the full scope of damages.

Typical Timeframe For Resolving a Case 

The timeframe for settling or prosecuting a motorcycle accident case also depends on the complications of the overall claim. Here is something to consider:

Simple Case

An uncomplicated claim can be resolved quickly during settlement negotiations. Depending on how cooperative the insurance company is during the negotiation phase, settlements have the potential to be resolved in several weeks or months.

Moderately Complex Case

If a lawsuit is filed and settlement happens during litigation, the resolution process for your case can be significantly sped up.

Complex Case

The more complex the case is, the longer it will take to resolve. If the case goes to trial, it can take several years. An attorney will help keep your case on track so that unnecessary detours, like violating procedural rules, will not slow you down.

Common Motorcycle Accident Injuries

Common Motorcycle Accident Injuries

Each motorcycle accident is unique, and the injuries that may result from the accident can easily cause various injuries. You may suffer minor and temporary or severe and permanent physical injuries. Despite the type of injury, you may be entitled to compensation for your harm.

Examples of injuries commonly suffered by motorcycle accident victims can include the following.

Internal Injuries

Any accident has the risk of causing serious injuries. These kinds of injuries are dangerous if left untreated. You can suffer severe disability or death. Getting medical treatment should be a priority after a motorcycle accident to prevent the effects of internal injuries.

Road Rash

Road rash happens when a motorcyclist hits the pavement and is dragged across traffic. Road rash is a skin injury that can leave the victim with pus-filled wounds, redness, and pain.

Broken Bones and Fractures

Broken bones and fractures can result from motorcycle accidents. A motorcyclist can break multiple bones if they are in a traffic accident. If a motorcyclist gets into a traffic accident, the likelihood of multiple bone injuries is greater than if they were driving a car or a truck. The extensive nature of your injuries may require a longer recovery period, which will extend the settlement process.

Traumatic Brain Injuries

A traumatic brain injury (TBI) is a serious head injury. A TBI can happen after a sudden impact on the brain. A motorcyclist who suffers from TBI might have some of these symptoms: blurry vision, trouble concentrating, and headaches, among other problems.

Spinal Cord Injury

Motorcyclists risk spinal cord injury if they are in a traffic accident. Motorcyclists are at higher risk of severe injury than other motorists because they do not have the benefit of a covering over their vehicle. If a motorcyclist suffers from a spinal cord injury, they can face a long road to recovery.

How Long Do I Have To Sue After a Motorcycle Accident? 

You do not have unlimited time to sue after a motorcycle accident. Motorcycle accident victims must comply with the applicable statute of limitations. The statute of limitations is a deadline set by law to file a claim. Failure to meet the statute of limitations can mean that you lose the right to sue.

There are few exceptions to the statute of limitations, but some exist, including the following.

  • The victim is under 18 years old. If the victim is a minor, they have the option to wait and pursue compensation for the accident until after they reach 18. The statute of limitations does not begin to run until after their 18th birthday. 
  • The discovery rule applies. The discovery rule applies if the victim does not discover the injury until later. For example, if the accident caused an injury that could not be discovered within a reasonable time after the accident. The discovery rule stops the statute of limitations. 
  • If the at-fault party is a government agency or employee, the statute of limitations is often much shorter, and there may be additional procedural requirements, such as filing a notice of claim within a specific timeframe (i.e., six months to one year). 

The statute of limitations can also vary depending on the type of claim a motorcycle accident brings.

  • If the accident causes the victim’s death, the surviving family members may file a wrongful death lawsuit. The statute of limitations for wrongful death claims typically ranges from two to three years, depending on the state. In some states, it may be slightly longer. 
  • If your motorcycle was damaged in the accident, you may file a property damage claim to recover the cost of repairs or replacement. This claim typically has a statute of limitations of two to three years, depending on the state. 
  • If you suffered an injury in a motorcycle accident, most states allow you two to four years from the date of the crash to file a personal injury lawsuit against the at-fault party. 

How Can a Motorcycle Accident Lawyer Help Me? 

How Can a Motorcycle Accident Lawyer Help Me 

A motorcycle accident lawyer can be instrumental in ensuring you receive fair compensation for your injuries and losses. They handle the complex legal process, protect your rights, negotiate with insurance companies, and represent your best interests in court if necessary. With their experience and resources, you are more likely to receive a settlement that fully covers your medical expenses, lost income, property damage, and pain and suffering.

A motorcycle accident lawyer can provide invaluable assistance after you have been involved in a motorcycle accident. Here is how a motorcycle accident lawyer can help:

Emotional Support and Peace of Mind

Your lawyer will provide sound legal advice throughout the process, answering any questions you have and ensuring you understand your options at every stage.

Handling Complex Cases

A lawyer can handle multiple claims and legal strategies if multiple parties are involved in the accident.

Dealing with Insurance Companies

Insurance companies often try to minimize payout amounts, even when their policyholder is at fault. A motorcycle accident lawyer will handle all communications and negotiations with the insurance companies on your behalf, ensuring your rights are protected and you receive a fair settlement.

Access to Experts

Lawyers often work with medical professionals who can testify about the severity of your injuries and the long-term impact on your life. This expert testimony can be crucial in proving the extent of your injuries.

Protecting Your Legal Rights

Motorcycle accidents may involve complex legal questions like issues involving uninsured or underinsured drivers. A lawyer will handle your case appropriately, whatever the challenges might be.

Contact a Motorcycle Accident Attorney Today

A Fort Smith personal injury lawyer makes all the difference when seeking compensation after a motorcycle accident. A lawyer will come alongside you to help keep your case on track so that you get the best possible results after a crash. Do not delay. Contact an experienced motorcycle accident attorney today to get started down the road to full and fair compensation for your injuries after a motorcycle accident.