Gavel, scales, and hourglass on a desk. | Patrick Daniel Law

Timeline of a Motorcycle Accident Lawsuit

The overall timeline of a motorcycle accident claim, including how long it will take, depends on a few key components:

1. Investigating & Building Your Case

The first step will be to perform a thorough investigation to gather facts and evidence about the accident. Through this process, we will seek to determine how the accident took place and who was responsible.

In some cases, this can be done quickly, such as when only one other vehicle is involved and the cause of the accident is clear. On the other hand, if there are multiple parties involved in the accident and the cause is less obvious, it can take longer to perform a thorough investigation.

2. Calculating Compensation

Once we have identified the liable party, we must determine how much you should pursue in compensation. In serious, traumatic accidents, this process can take more time since the treatment process can take longer and there may be more damages to account for.

3. Negotiating with the Insurance Company

Negotiations are one of the least predictable parts of the claims process in terms of how long it will take. If you have a strong claim backed by strong evidence, the insurance company may be willing to offer a fair settlement more quickly than if the case is complicated and they decide to dispute liability.

Oftentimes, the factor that most influences the time it takes to win a motorcycle accident claim is whether or not you take the case to court. While every situation is different and should be discussed with your attorney, let’s briefly review the difference between settlements and lawsuits.

Settlement vs Lawsuit

If you are unable to reach a fair settlement offer with the insurance company, the best option may be to file a motorcycle accident lawsuit and take the case to court. While this could result in more compensation, it can also extend the process due to:

Scheduling court dates
Discovery processes
Potential appeals

Taking an accident case to court also comes with some degree of risk. If the jury decides you do not deserve compensation for your damages, you could end up with nothing. Ultimately, this is an area where you should lean heavily on the experience and ability of your attorney.

That said, you should also make sure that your attorney is willing to take the case to trial if that is the best way to recover the compensation you deserve. Some attorneys refuse to go to trial because of the time and commitment required to do so, even if it would be better for their clients. Make sure you do not work with one of these attorneys.

How Much Are Most Motorcycle Accident Settlements?

Like the amount of time it takes to resolve a motorcycle accident claim, how much a claim is worth depends on several variables. Through the investigation process, your attorney will begin to calculate how much your claim is worth, which includes a couple of different types of damages:

Economic Damages

These include medical bills, property damage, out-of-pocket expenses, lost wages, and more. They can also include long-term damages, such as loss of earning capacity, which may apply if the accident has hurt your ability to earn as much money as you otherwise would have been able to earn.

Non-Economic Damages

These include pain and suffering, mental anguish, loss of consortium, loss of enjoyment of life, and more.

In rare situations, punitive damages can also apply. These damages are not intended to compensate accident victims for losses but instead to punish the negligent party for actions that are deemed malicious or egregiously negligent.

How Can a Motorcycle Personal Injury Attorney Help?

All of the challenges we have discussed here—building a case, gathering evidence, calculating damages, negotiating with insurance companies, arguing a case in court—are unique. Most motorcycle accident victims have never had to do anything like this before.

Motorcycle accident lawyers, on the other hand, spend their careers handling these claims. Attorneys provide accident victims with the insight, guidance, and experience they can rely on while they focus on getting better.

There is, of course, no law that states you must hire an injury attorney, just like you are not required to hire a car mechanic when your car dies or an electrician when your power goes out. However, in the midst of the process, a good motorcycle accident attorney can handle your legal burden while providing the peace of mind you need during this difficult time.

Ultimately, this support can make all the difference in winning compensation for your damages.

Contact Patrick Daniel Law Today!

If you have been in a motorcycle accident, we’re here to help. Beyond building a strong claim, we are also prepared to confidently negotiate with insurance companies and, if necessary, take your motorcycle accident lawsuit to court. We do not rest until we achieve justice on your behalf.

Contact our motorcycle accident lawyer today for a FREE consultation. Let’s pursue the compensation you need at the time you need it the most. We represent clients in Houston and throughout Texas with determination.

How Long Does a Motorcycle Accident Lawsuit Take?