If you suffered injuries in a motorcycle crash due to someone else’s carelessness, you’re facing mounting medical bills, lost wages, and the expense of repairing or replacing your bike. You need compensation as soon as possible, and you’re considering your options for recovering damages from the at-fault party. One pressing question on your mind is probably, “How long does a motorcycle accident lawsuit take?“
The time it takes to resolve a motorcycle accident lawsuit varies depending on many factors. You need to understand the typical timeline for motorcycle accident claims and the factors that can affect the timeline so you can manage your expectations.
While every situation is unique, this guide explains the typical phases of a motorcycle accident lawsuit and the factors that influence its duration. For personalized guidance and help taking the first steps toward getting fair compensation, contact an experienced New York City motorcycle accident attorney near you for a free case evaluation.
New York City Motorcycle Accident Guide
- Factors Affecting Lawsuit Duration
- Typical Phases of a Motorcycle Accident Lawsuit
- Tips to Expedite Your Case
- Our Motorcycle Accident Attorneys Can Help
Factors Affecting Lawsuit Duration
Several factors can influence how long your motorcycle accident lawsuit might take. These variables can either speed up the process or add unexpected delays.
Severity of Injuries
The extent of your injuries plays a significant role in determining the duration of your lawsuit. More severe injuries often require:
- Longer recovery periods
- More extensive medical documentation
- Higher compensation amounts
All of these factors may lengthen the process. For instance, if you’ve suffered a traumatic brain injury or spinal cord damage, your attorney may advise waiting until you’ve reached maximum medical improvement (MMI) before settling. This ensures your lawyer can account for all future medical needs in your compensation claim.
Complexity of the Case
Not all motorcycle accidents are cut-and-dry. Some cases involve multiple parties, disputed liability, or complex legal issues. Factors that can add complexity include:
- Multiple vehicles involved in the crash
- Defective motorcycle parts contributing to the accident
- Accidents involving commercial vehicles or government entities
- Disputes over who was at fault
The more complicated your case, the longer it may take to resolve. Your attorney needs time to investigate thoroughly, gather evidence, and build a strong case on your behalf.
Insurance Company Cooperation
Insurance companies are in the business of making money, not paying out claims. Some insurers may drag their feet, hoping you’ll settle for less out of frustration or financial pressure. Tactics they might use include:
- Delaying responses to communication
- Requesting unnecessary documentation
- Making lowball offers
An experienced attorney knows how to handle these tactics and can keep the process moving forward. However, an uncooperative insurance company can still add time to your case.
Court Backlog and Scheduling
If your case goes to trial, you’re at the mercy of the court’s schedule. Many jurisdictions face significant backlogs, which can delay your trial date. Factors that can affect court scheduling include:
- The number of cases in the court system
- Availability of judges
- Complexity of other cases on the docket
While most motorcycle accident cases settle out of court, it’s essential to be prepared for potential delays if your case does go to trial.
Typical Phases of a Motorcycle Accident Lawsuit
Motorcycle accident lawsuits follow a standard process. Understanding this process can help you set realistic expectations and prepare for each step along the way.
Initial Attorney Consultation and Investigation
Once you’ve decided to pursue legal action, the first step is meeting with an attorney. During this meeting, you’ll:
- Share the details of your accident
- Discuss your injuries and their impact on your life
- Learn about your legal rights and options
If you decide to move forward, your attorney will begin to investigate the crash. This phase typically involves:
- Gathering police reports and witness statements
- Collecting medical records and bills
- Analyzing accident scene photos and video footage
- Consulting with accident reconstruction experts if necessary
This initial phase can take anywhere from a few weeks to a few months, depending on the complexity of your case and how quickly information can be obtained.
Filing the Lawsuit
Once your attorney has gathered enough evidence to support your claim, your attorney may attempt to settle your claim with the insurance company. If your attorney feels that you were not offered a fair settlement, then they’ll file a formal lawsuit. This document, called a complaint, outlines:
- The basic facts of your case
- Your allegations against the defendant
- The compensation you’re seeking
After filing, the defendant (usually the at-fault driver or their insurance company) has a set period to respond, typically 20-30 days. They may:
- Admit fault and agree to negotiate
- Deny responsibility and prepare to defend themselves
- File a counterclaim against you
This phase usually takes a couple of months but can be longer if there are issues serving the defendant with the lawsuit.
Discovery Process
The discovery phase is where both sides exchange information about the case. This is often the longest part of the lawsuit process and can take several months to a year or more. During discovery:
- Your attorney and the defendant’s lawyers will exchange written questions (interrogatories) and requests for documents
- You may have to give a deposition (sworn out-of-court testimony)
- Expert witnesses may be called to provide opinions on various aspects of the case
Although time-consuming, the discovery phase allows your attorney to understand the defendant’s arguments so they can effectively counter them. It helps your attorney build the strongest case possible for you.
Negotiations and Potential Settlement
As both sides gather information during discovery, settlement negotiations often begin in earnest. In fact, many states require pre-trial mediation and negotiation before hearing a case. During this phase, your attorney will:
- Present your case to the insurance company
- Counter any lowball offers
- Advise you on whether to accept a settlement or proceed to trial
Many cases settle during this phase, which can happen at any point up to the verdict. Remember, the decision to settle is always yours. Your attorney will provide guidance, but you have the final say.
Trial Preparation
If the insurance company or at-fault party won’t negotiate a fair settlement, your case will proceed to trial. Trial preparation involves:
- Finalizing all evidence and witness testimony
- Preparing opening and closing statements
- Developing trial strategies
- Filing pre-trial motions
This phase typically takes 1-3 months, depending on the complexity of your case and the court’s schedule.
Trial
The trial itself is often shorter than you might expect. Most motorcycle accident trials last between 3-10 days. During the trial:
- Both sides present their evidence and arguments
- Witnesses testify and are cross-examined
- The judge or jury decides on liability and damages
While the trial itself may be relatively short, getting a trial date can take many months due to court backlogs.
Post-Trial Motions and Potential Appeals
Even after a verdict, your case might not be over. The losing side may file post-trial motions or appeal the decision. This can add several months to a year or more to the process. However, many cases reach their final resolution after the trial verdict.
Tips to Expedite Your Case
While much of the timeline is out of your direct control, there are steps you can take to help move your case along more quickly:
Seek Immediate Medical Attention
After a motorcycle accident, your health should be your top priority. You need to get prompt medical care to ensure your well-being, but it’s also important for your legal case. By seeking immediate attention, you:
- Create a clear link between the accident and your injuries
- Establish a medical record that your attorney can use as evidence
- Demonstrate that you’re taking your injuries seriously
Don’t wait to see a doctor, even if you think your injuries are minor. Some symptoms may not appear immediately, or you could have internal injuries that could become far more serious quickly. Also, if you wait too long to get treatment, you could significantly hurt your chances of getting compensation. The insurance company could argue your injuries aren’t as severe as you say and either reduce your compensation or deny your claim altogether.
Gather and Preserve Evidence
The strength of your case often depends on the quality of your evidence. As soon as possible after the accident:
- Take photos of the accident scene, your injuries, and property damage
- Get contact information from witnesses
- Keep all medical records and bills
- Save any damaged gear or clothing
The more evidence you can provide your attorney upfront, the faster they can build a strong case on your behalf. If you were rushed to the hospital from the accident scene and couldn’t gather this information then, don’t worry. An attorney can still help collect all available evidence and use it to support your claim.
Hire an Experienced Motorcycle Accident Attorney
One of the most important steps you can take to expedite your case is to hire a knowledgeable attorney as soon as possible. An experienced motorcycle accident lawyer will:
- Know how to navigate the legal system efficiently
- Have established relationships with insurance companies and opposing counsel
- Understand how to value your case accurately
- Be prepared to take your case to trial if necessary
Don’t try to handle a motorcycle accident lawsuit on your own. The right attorney can significantly speed up the process and improve your chances of a favorable outcome.
Be Responsive to Your Lawyer’s Requests
Your attorney will need your cooperation throughout the legal process. To keep things moving, you need to:
- Respond promptly to calls and emails
- Provide requested information or documents as quickly as possible
- Attend all scheduled meetings and appointments
- Be honest and upfront about all aspects of your case
Remember, your attorney is on your side. The more you work together, the smoother and faster the process will be.
Consider Fair Settlement Offers
While it’s important not to settle for less than you deserve, it’s also wise to carefully consider fair settlement offers. Going to trial can add significant time to your case, and there’s always a risk involved. Your attorney can help you weigh the pros and cons of settling versus going to trial, taking into account:
- The strength of your evidence
- The potential compensation amount
- The additional time and stress of a trial
Sometimes, accepting a reasonable settlement can be the fastest way to receive the compensation you need to move forward with your life.
Our Motorcycle Accident Attorneys Can Help
If you’re struggling with the aftermath of a motorcycle accident and considering legal action, the Rothenberg Law Firm LLP is here to help. Our experienced New York City personal injury attorneys understand the unique challenges you’re facing, and we’re committed to helping you get the maximum compensation possible.
When you choose the Rothenberg Law Firm LLP, you’re not just getting legal representation–you’re gaining a dedicated ally who will fight for your rights and future. We have the resources, knowledge, and determination to handle even the most complex motorcycle accident cases, and we’ve recovered billions of dollars in total compensation for injured clients throughout New York, New Jersey, and Pennsylvania.
You can rely on us to build a strong case on your behalf, negotiate with insurance companies, and if necessary, represent you in court.
Keep in mind that you have strict legal deadlines to have an attorney file a motorcycle accident lawsuit in court for you. Don’t let the clock run out on your right to seek compensation.
Contact the Rothenberg Law Firm LLP now for a free consultation about your case. We’ll evaluate your claim and advise you on the best course of action. We’re ready to assist and support you as much as we can throughout the process while fighting zealously to maximize your financial recovery.
Because we believe everyone deserves quality legal representation despite their financial situation, we work on a contingency fee basis. You pay nothing upfront for us to handle your case, and we only receive attorney fees as part of your negotiated settlement or court award. You have nothing to lose and everything to gain by giving us a call.
