The duration of a claim’s settlement after a motorcycle accident can vary significantly. Factors such as the complexity of the case, the severity of the victim’s injuries, and the cooperation of the involved parties all play a role in determining the timeline.
In most cases, motorcycle injury claims are settled outside of court within six months to a year. However, some cases may take longer if they are more complex or if there is pushback from insurance companies or other parties involved.
Accident victims seeking compensation for their medical expenses, pain and suffering, and other damages can work with our experienced Davie motorcycle accident lawyers to guide them through the claims process and help them navigate any potential roadblocks that may arise.
Factors That Influence Motorcycle Accident Settlement Timelines
Several key factors can impact how long it takes to resolve a motorcycle accident claim, including:
Severity of Injuries
More serious injuries requiring extensive medical treatment tend to prolong the settlement process. This is because:
- Future medical needs and costs are harder to calculate upfront
- More time is needed to reach maximum medical improvement
- The full extent of disabilities/impairments may not be apparent initially
- Investigators must wait for medical documentation and expert opinions
Our personal injury lawyers in Davie can help prevent further delays in this process by tracking medical expenses and securing expert witness opinions as soon as possible to expedite your claim.
Questions of Liability
Straightforward cases where the other party clearly caused the accident are often resolved faster. Complex liability scenarios that lengthen settlement timelines can include:
- Multiple vehicles/parties involved who dispute fault
- Negligence allegations against the injury victim
- Hit-and-run drivers or uninsured/underinsured motorist claims
- Potential product liability claims against a manufacturer
Experienced motorcycle accident lawyers have worked on hundreds of cases and understand how to investigate and determine liability based on the evidence. We know what it will take to build a solid liability claim.
Quality of Evidence
Having rock-solid evidence that proves liability and damages can expedite a settlement. Cases get delayed when key evidence is:
- Missing
- Compromised or contaminated at the accident scene
- Disputed by experts on either side of the case
Our skilled motorcycle accident attorneys know how to properly secure, analyze, and present solid evidence.
Common Obstacles That Can Delay Settlements
Even when liability is clear, insurance companies often utilize delay tactics in an effort to minimize payouts, such as:
- Dragging out negotiations and response times
- Demanding extensive additional documentation
- Making lowball initial settlement offers
- Disputing the severity or cause of your injuries
- Blaming you for being partially negligent
How an Experienced Attorney Can Help Expedite the Process
Having a knowledgeable motorcycle accident lawyer representing you prevents unnecessary delays by:
- Properly investigating and documenting your claim
- Filing all documentation correctly and on time saving you costly mistakes
- Consulting appropriate medical experts and specialists
- Standing firm against insurer delay and negotiation tactics
- Filing a timely lawsuit in the face of stalled settlement talks
- Being prepared to take your case to trial if need be
While some delays are unavoidable, a skilled attorney ensures the process is not being unfairly strung out and works diligently to reach an appropriate resolution.
What if My Case Goes to Court?
Although every case is unique, this is a very generalized timeline that may give you an idea of how long the claims process may take.
After being represented and gathering evidence and documentation, negotiations can take up to 6 months. If there is no agreement, a lawsuit may be filed between 6 months – 1 year after the accident.
From there, lawsuits that don’t settle can take 1-2 years to reach trial, factoring in:
- The “discovery” evidence exchange process
- Awaiting available court dates
- Scheduling independent medical exams
- Exploring alternative dispute resolution methods
While every case is unique, having professional legal representation from the start can help to resolve your claim as efficiently as possible under the specific circumstances involved.
What Damages Can I Collect in a Motorcycle Accident Claim in Florida?
If you’ve been injured in a motorcycle accident caused by someone else’s negligence in Florida, you may be entitled to recover compensatory damages, which are categorized as either economic or non-economic losses.
Economic Damages
These refer to the quantifiable monetary costs and losses resulting from the accident, including:
- Medical Expenses (past and future)
- Lost Wages
- Lost future earning potential if permanently disabled
- Property Damage
Non-Economic Damages
These subjective, non-monetary losses are more difficult to quantify but may include:
- Physical Pain and Suffering
- Emotional Distress/Mental Anguish
- Loss of Enjoyment of Life
- Permanent Disfigurement or Disability
- Loss of Consortium (compensation for spouse)
The more severe and lasting your injuries, the higher your non-economic damage awards may be. Attorneys utilize formulas, expert testimony, and precedents to calculate fair, non-economic compensation.
Contact a Motorcycle Accident Law Firm for a Free Consultation
Understanding the factors that influence the settlement timeline is crucial for anyone pursuing a motorcycle accident claim.
By working with Winston Law, you can help ensure that your rights are protected and receive fair compensation for your losses. Whether negotiating with insurance companies or preparing for potential litigation, having skilled legal representation can make a significant difference in the timeline and outcome of a motorcycle injury claim.
If you have been injured in a motorcycle accident, it is important to seek legal guidance as soon as possible to begin the claims process and work towards securing the compensation you deserve. Contact us today for a free case evaluation. We’re here to help.