Motorcycle accident claims can feel uncertain, complex, and filled with unforeseen challenges. While dealing with medical bills, serious injuries, and other damages, victims often have many questions about the future, and one of the most important is “How long will my case take to settle?”
Generally, motorcycle accident claims can settle in as little as a few months to one year or longer, depending on the specifics of the case. Although this may seem like a long time, the steps involved in the claims process are essential to recovering full and fair compensation.
What Steps Are Involved in a Motorcycle Accident Claim?
A motorcycle accident claim follows a step-by-step process that begins with consulting an attorney who can represent your interests. If you are eligible for compensation, your lawyer will guide you through each of the following steps:
- Investigation and Evidence Collection: Your lawyer will launch an investigation to gather all pertinent evidence, including police reports, eyewitness statements, and medical records.
- Filing an Insurance Claim: Many motorcycle accident claims begin in the insurance stage before progressing to a lawsuit if necessary. This process typically lasts a few months, where your attorney will negotiate with the insurer to secure a fair settlement.
- Filing a Personal Injury Lawsuit in Court: If the insurance company fails to offer adequate compensation, the next course of action is to file a personal injury lawsuit. This escalates the claim to the judicial system. A personal injury lawyer in Bakerfield can help you with this.
- The Discovery Process: During the discovery phase, both parties involved in the lawsuit exchange detailed information and evidence related to the case. This stage can take anywhere from six months to one year on average.
- Pre-Trial Negotiations: Pre-trial negotiations offer a final chance to resolve the dispute without going to court. If both parties agree to a settlement, your claim can be resolved at any time before trial.
- Trial and Verdict: If a settlement is not reached through negotiations, the case proceeds to trial. Here, the evidence is presented before a judge or jury, which ultimately decides the outcome of the case and the final settlement.
Factors That Can Affect the Timeline of Your Claim
Certain motorcycle accident claims result in a faster settlement than others. The complexity of the case is a significant factor; cases that involve severe injuries or contentious liability issues demand a thorough investigation, which can lengthen the settlement process. Claims that involve large amounts of damages often receive more pushback from the defendant, meaning that they are unlikely to settle and your case will likely be resolved in court.
Additionally, the timeline for medical treatment can impact the settlement process. You will want to reach maximum medical improvement (MMI) before pursuing a claim; otherwise, you may not have a clear picture of your long-term financial needs. The longer that it takes to reach MMI, the longer your claim will likely take.
Should You Hire a California Motorcycle Accident Attorney?
Motorcycle accident claims can take time to settle, but there are steps that you can take to streamline this process. Enlisting the help of a lawyer can help you navigate your claim effectively.
A Bakersfield motorcycle accident attorney can help you expedite negotiations, handle complex legal challenges, and avoid common errors that would otherwise delay your claim. After your accident, contact a lawyer right away and learn how they can handle the legal complexities while you focus on healing and recovery.