Motorcycle lowyer

What is the average time it takes to conclude a motorcycle accident case?

A frequently asked question for my clients is, how long will my motorcycle injury case take?  From handling over 1,000 motorcycle cases, the typical length of time it takes to conclude them depends.

The answer depends on many things.  My short answer is: We have settled cases in as quickly as 90 days, but usually if it is on the quick side, it’s between six and eight months.  If we must file a lawsuit, it’s more like a year to a year and half.  But again, it really depends.

Perhaps if I describe the process, it will help you understand.  No attorney should settle a case until or unless the full extent of all the injuries of his or her client have come to the surface.

Many times, it is not known whether a surgery may be necessary until months after the motor vehicle accident.  For non-emergent situations, most surgeons want a patient to try other conservative methods of treatment before performing a surgery.

Settling a case too soon without knowing the full extent of the injuries and all the treatment required could mean settling the case for way under its value.

After about six months, it has been my experience that most of the ongoing complaints and problems have come to the surface and have complained of by the motorcyclist.  Further and more importantly, referrals to specialists are also made within this period of time.

Once we have a good handle on the diagnosis, care and treatment and prognosis, we can do a pre-lawsuit demand and try to settle the case.

If we are met with an adjuster for an insurance company that is that evaluating the case lower than we do, the next step would be to file a lawsuit against all negligent parties.  Filing a lawsuit will add to the length of time it takes to resolve an injury or wrongful death motorcycle accident case.

After a lawsuit is filed and served on the defendant is routed to the insurance company and its lawyers.  The parties enter what is called the discovery phase.  This is where each side is required to give to their opponents most all of the evidence related to the case.  Depositions are also taken during this time.  It is common for a judge to order the discovery period to be around 120 days.

So, because you must wait about six months to know the full extent of the injuries and then, if you file a lawsuit, there is at least six months of litigation, you can easily be looking at over a year before a case is resolved.

Our office has in place policies and procedures so we can take our client from accident to settlement in the shortest time possible.

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