How Long Does it Take to Settle a Motorcycle Lawsuit?
Giving an estimate on how long a motorcycle accident lawsuit will take to either settle or receive a jury verdict is difficult because no two accidents present the same set of facts. However, in nearly every case, taking your claim to court might be necessary to maximize your potential settlement. Jerry Friedman is an experienced New Jersey motorcycle accident attorney and avid rider familiar with the challenges that motorcycle litigation brings. Below, we discuss some of the factors that will influence the length of your motorcycle accident lawsuit.
The Difference Between Taking a Settlement and Going to Trial for a Motorcycle Accident
Not every lawsuit will end in a trial with a jury verdict. Many cases do not make it to trial but are instead settled out of court. Settlement offers may be tempting as they allow you to collect the money you need more quickly and help you avoid a lengthy court battle. However, it is important to understand that settlements come with certain strings attached.
When you accept a settlement offer, you are giving up your legal claim. You will no longer be able to sue your insurance company for damages and injuries from your motorcycle accident. This is important to remember because if it turns out the settlement you accepted was not enough to cover your expenses, there is no going back. Our Mount Laurel, NJ motorcycle accident lawyer can help you calculate the settlement you need to cover all your costs and expenses.
Going to trial will take much longer than accepting a settlement offer. Many cases spend months preparing for trial. In extreme cases, you could be tied up in court for years. However, a victory at trial usually means a larger payout from your insurance company than if you had taken a settlement offer. A trial could potentially yield a larger reward, but if you lose, you receive nothing.
Who Should I Sue After a Motorcycle Accident?
When filing a lawsuit, it is important to include all the necessary parties. You may name any number of people as defendants when filing your motorcycle accident lawsuit. For example, you could sue an insurance company that is refusing to pay you the money they owe you, and you could also sue the motorcycle manufacturer for installing faulty brakes on your motorcycle. It is a good idea to name all possible parties when you file a lawsuit because if you happen to overlook someone, it may be challenging to go back and add them later.
In the end, you might end up suing only one or two other parties even though you named three or four. As the case moves forward, it becomes clear who bears the most responsibility and who is most able to pay. Parties who no longer need to be named in the suit can be dropped. Our Trenton motorcycle accident attorney can help you figure who you should sue and what you are entitled to.
Quick Insurance Company Settlements After a Motorcycle Accident
Insurance companies are looking to limit their liability or deny claims whenever they can. This is especially true in cases of motorcycle accidents where there is a perceived prejudice that accidents are the result of reckless behavior on the part of the motorcyclist. If an insurance adjuster believes that the fault of an accident lies with the cyclist, then a settlement offer could be either artificially low or not forthcoming. Even when the settlement seems sufficient, it probably will not cover all your expenses if you suffered severe injuries.
Part of understanding whether a claim is fair is knowing what your case is worth. An insurance company is typically dangling a string in front of you to avoid the risk of a lawsuit. Jerry Friedman will thoroughly evaluate your case, so you know the value of your claim. It is critical to understand that once you accept a settlement offer, you are prohibited from filing a lawsuit. This prohibition exists even if your injuries require additional expensive and long-term medical treatment.
Determining What Your Motorcycle Accident Personal Injury Case Is Worth
Knowing the value of your motorcycle accident case is an essential part of making an informed decision on whether to accept an insurance company’s settlement offer. Without an estimate of the expenses and costs you will incur because of your injuries, you cannot tell if the settlement offer is fair. Because of the nature of many injuries suffered in a motorcycle accident, it is impossible to give you an exact figure. However, that does not mean our experienced Jersey Shore motorcycle accident attorney cannot calculate a fair estimate.
Our office will work with your healthcare providers to understand the extent of your injuries and the type of medical treatment and physical therapy you will probably require. Depending on the severity of the injury, you could be facing years of surgeries, recovery time, and painful physical therapy. It could take several months to know the full extent of an accident victim’s injuries. In many cases, an insurance provider’s determination of what your treatment should be is not the same as what your doctor prescribed.
In addition to medical expenses, motorcycle accident victims often miss significant time at work. Sometimes, the injury is so debilitating that an injured cyclist can no longer earn a living. You deserve to be compensated for your lost income, including the money you would have earned if you were not injured. You do not want to accept a settlement offer that will place you into a difficult financial position if you have a strong personal injury case.
Things to Consider When Determining How Much Your Motorcycle Accident Case is Worth
Perhaps the most important thing to consider is your injuries sustained in your motorcycle accident. Your injuries might be relatively mild, or they might be severe and long-lasting. The worse your injuries are, the more you should demand from the insurance company. The job of the insurance company is to compensate you for your injuries and damages. To get out of paying you more, the insurance company might attempt to downplay your injuries. They might also demand to see proof of the extent of your injuries, such as reports from your doctor. It is also possible that the insurance company asks you to visit a doctor of their choosing.
For some people, the injuries sustained in a motorcycle accident prevent them from returning to work for some time. Your injuries may be so severe that it could be months before you return to work. In extreme cases, a person might not even be able to return to work at all. These lost wages must be included in any calculation for damages. The longer you are out of work, the more you should demand from the insurance company. You do not want to end up in a situation where you are unable to support yourself financially.
You must also think about the expenses you will incur as a result of your motorcycle accident in the future. Some people are so injured that they require extensive, long-term treatment. For others, they may require lifelong treatment and assistance. You will need a way to afford your medical treatments and needs, especially if your injuries leave you unable to work. Our motorcycle accident attorney can help you determine your future needs and help you get a fair settlement.
How Long Does it Take to Build a Motorcycle Accident Lawsuit?
Part of the time involved in any negligence lawsuit arising from a motorcycle crash is investigating the accident and determining who was at fault. Depending on the circumstances surrounding your accident, the at-fault party is not always obvious. Our office will examine the accident scene, gather any existing surveillance video, review police and medical reports, and question witnesses to help determine what occurred. In some cases, it is necessary to recreate the accident. The time this takes will depend on how quickly you contacted our Winslow, NJ motorcycle accident attorney, the type of evidence available, and whether the evidence or testimony supports any contradictory conclusions. When evaluating the value of your case, our office will also give you our professional opinion on the strength of your claim.
It is difficult to say how long your lawsuit will take before examining all the evidence and details of your case. Some lawsuits may be resolved relatively quickly in only a few short months. Other lawsuits may be more drawn out and take a longer time to resolve. How long your lawsuit takes also depends on whether you are open to a settlement offer and how willing you and the other party are to negotiate.
Pros and Cons of Filing a Personal Injury Lawsuit After a Motorcycle Accident
Personal injury lawsuits arising from a motorcycle accident could take months to a couple of years. Every lawsuit is a risk. However, that does not mean you should not pursue one. It is also a risk for the insurance company. Before you decide to file a personal injury lawsuit, our Camden, NJ motorcycle accident lawyer will advise you of the strength of your case and what it is worth. While a settlement might be a faster way to receive some compensation, it might not be what you need to recover all your losses.
Part of a lawsuit arising from a motorcycle accident is discovery. During the discovery process, both sides share and request information and evidence regarding the accident. Often, this process lets both sides know who has the stronger case. If you have a strong case, the insurance company will quickly figure that out, and a better settlement offer may follow.
When you file a lawsuit after a motorcycle accident, it puts the insurance company on notice that you expect a larger settlement. It is not uncommon for an insurance company to offer a higher settlement after they have gone through the discovery process. Interested in the average settlement amount for a motorcycle accident lawsuit? Call our lawyers today.
Unfortunately, some cases are not as strong as we first believe them to be. Once you file your lawsuit and the discovery process is triggered, the insurance company will be able to see all the information you have relevant to your accident. If your case is not very strong, the insurance company will know, and they may offer a smaller settlement. The insurance company could also choose not to make a settlement offer and meet you head-on at trial.
In addition, settlement negotiations are not always easy or predictable. After filing your lawsuit, the insurance company may be adamant or inflexible on their settlement offer. It is not uncommon for insurance companies to offer a settlement on “take it or leave it terms.” Our motorcycle accident attorneys will not be intimidated and we will fight for fair compensation.
Call Our Lawyers for Motorcycle Accident to Review How Long Your Personal Injury Case Could Last
Motorcycle accidents often result in serious injuries and lengthy litigation. Because of the nature of many motorcycle crashes, liability will be contested. If you are injured in a crash, you need an experienced motorcycle attorney like Jerry Friedman. Jerry is a skilled personal injury attorney and a motorcyclist himself. Call our office today at 1-800-LAW-4-HOGS (1-800-529-4464) for a free consultation.