How Long Does It Take to Resolve a Motorcycle Accident Lawsuit After You File a Motorcycle Accident Claim?
A motorcycle accident lawsuit may take from a couple of months to as long as two years. Therefore, the average motorcycle settlement case depends on the injuries of motorcycle riders and the actions of the at-fault driver.
Therefore, you need to show exactly what happened during the accident.
You’ll need this information, plus legal representation, if you suffer injuries, such as a head injury, or suffered losses that led to non-economic damages like mental anguish and pain.
Each Motorcycle Accident Lawsuit is Different
Injury claims are not template filings. While some motorcycle riders may suffer post-traumatic stress disorder, other riders may need to file a claim for a spinal cord injury or brain injury settlement.
Some riders may find financial relief by filing a claim and depending on their own liability coverage with their insurance company. This may happen if the at-fault party is not insured and the accident victim has add-on protection, or uninsured motorist insurance coverage.
In some instances, the litigant may have to sue the motorcycle manufacturer if they discover a part defect that led to the motorcycle mishap.
The Average Timeline for a Motorcycle Accident Lawsuit in Motorcycle Accident Cases: Reviewing the Motorcycle Accident Claim Process
Below is an outline of how the legal process usually proceeds after a motorcycle crash.
Are you asking the question, “How long does a motorcycle accident lawsuit take to settle?” If so, the following timeline can give you a better idea of what to expect after you file a motorcycle accident case.
The Aftermath of Your Motorcycle Accident (Weeks One and Two)
In the aftermath of your motorcycle crash, you’ll need to focus on receiving medical care and collecting copies of medical bills and diagnoses.
You also need to gather evidence that includes witness statements, copies of police reports, and photos and videos. All this should be done while the accident is still fresh on your mind as well as the minds of witnesses.
See a Doctor and Call a Lawyer
Always file a report with the police if you cannot do so at the accident scene. Also, you should still see a doctor even if you feel fine. The adrenaline rush you may have experienced after the accident often masks the pains or injuries that later emerge after you’ve rested for a few days.
Contact a lawyer for a free consultation to help you with your claim as well. They will examine the evidence and speak to the insurance company on your behalf.
Making this move is important, as the insurance company may force you into settling for an amount that won’t adequately cover all of your financial requirements.
Month 1 – The Demand Letter – The First Step in Negotiating a Settlement Offer
During month one, your attorney will usually draft a demand letter. This letter details the physical injuries you’ve suffered and the pain and suffering calculated for settlement purposes. Basically, the letter requests fair compensation for your injuries and losses.
Months 2 to 3 – Waiting on and Reviewing the Insurance Company’s Response
The insurance company, during months two to three, may respond with a settlement offer that is lower than what was expected for your injuries, including the pain and suffering calculated for your claim.
If the insurance adjuster is not meeting your needs for a fair settlement in your comparative negligence case, your lawyer will move on to negotiations. They will bargain with the at-fault party to increase the amount offered by the insurance company for medical costs, loss of earnings, and similar damages.
Months 4 to 6 – Settlement Talks Between the Parties Involved: Your Lawyer and the Insurance Company
If your settlement talks continue for your motorcycle accident claim, they may extend another one or two months. By this time, you may have already spent four to six months on this part of the legal process – seeking insurance coverage from the at-fault party.
Your attorney, at this point, may threaten to file a lawsuit if the average settlement offer does not adequately cover your motorcycle accident claim.
Month 6 – Filing a Lawsuit and the Discovery Phase in Comparative Negligence Cases
If you’re still involved in seeking a motorcycle accident settlement after six months, your attorney will file a lawsuit and you’ll go through the discovery phase. This means going through a lengthy exchange of information – interrogatories, depositions, and requests for documentation.
Months 7 to 9 – Mediation – Attempting to Get a Fair Settlement for Medical Costs and Damages
Mediation, during the seventh to ninth months, involves trying to negotiate a settlement before going to court. Accident victims and their attorneys can use a neutral third party to negotiate for fair compensation for non-economic damages, such as pain and suffering, and the medical costs needed to avoid going to trial.
Months 10 to 12 – Preparing to Head to Court
If the mediation phase does not end in a settlement, you’ll have to head to court. During this time you and your attorney will prepare for the trial.
Going to Trial – (Months 12 to 18)
After about a year, you may be facing a trial date. Here’s your chance to receive money that will sufficiently cover your damages. The average motorcycle accident settlement, after going to trial, can be two to three times higher than if you choose to settle out of court with the insurance company.
Proving Negligence Following a Motorcycle Accident
To successfully pursue a motorcycle accident lawsuit, proving negligence is essential. This involves establishing that the other party failed to exercise reasonable care while driving, which led to the collision.
Key elements include showing that the driver had a duty to act with care, breached that duty, and directly caused your injuries. Evidence, such as witness statements, traffic camera footage, and accident reconstruction, can be vital in proving these points.
How to Prove Pain and Suffering in a Motorcycle Accident Case
This non-economic damage compensates for physical pain and emotional distress. To calculate pain and suffering, you need to gather evidence in the form of detailed medical records, expert testimonies, and personal journal entries.
Descriptions of changes in lifestyle, accounts of mental health issues, and testimony from family and friends may be used to support your claim.
Examples of Pain and Suffering Damages
Damages for pain and suffering include physical pain, scarring, insomnia, fear or worry, loss of enjoyment of life, mental anguish, anxiety, or depression.
Writing a Good Personal Journal for Pain and Suffering
For each entry in your journal, write down the date and time. You don’t need to record an entry each time you feel emotional distress or pain. Enter your thoughts every two or three days. This will allow you to veer away from negative thoughts and think more objectively.
Two Methods Used for Calculating Pain and Suffering in a Motorcycle Accident Case
In motorcycle accident cases, calculating pain and suffering is approached through two main methods: the Multiplier Method and the Per Diem Method. These methods help quantify non-economic damages for pain and suffering.
1. The Multiplier Method for Pain and Suffering
The Multiplier Method is often used for pain and suffering and bases the damages on the extent of the victim’s injuries. For example, the lawyer takes the total amount of the economic damages from the patient’s medical bills, loss of wages, and other tangible damages. They follow up by multiplying that number by a multiplier from 1.5 to 5. The higher the multiplier, the more severe the injury.
Therefore, an attorney might multiply the economic damages by 5 for a client with paralysis. On the other hand, they might choose 2 as a multiplier for a client who has sustained fractures in a motorcycle accident case. The victim, in this instance, also has fewer medical bills and expenses.
2. The Per Diem Method for Pain and Suffering When Figuring Damages in a Motorcycle Accident Case
The Per Diem (Latin for “per day”) Method assigns a daily rate to a victim’s pain and suffering. This rate is then multiplied by the number of days the victim is expected to experience pain or discomfort from their injuries.
For instance, the daily rate might be equivalent to the victim’s daily earnings. Therefore, an experienced motorcycle accident attorney can provide a motorcycle accident victim with a fair settlement amount when pursuing a claim.
Whether they negotiate a motorcycle injury claim with an insurance company or argue a personal injury case in court, they can use this method to their advantage.
Elements of Investigation and Reconstruction
A scientific process, accident investigation, and reconstruction look at all the factors that led to the accident. Reconstructionists use evidence from the scene to identify the road conditions, weather, vehicle defects, speed, trajectory, visibility, and point of impact. They also factor aggressive or distracted driving into the equation.
Settlement Factors When Following Comparative Negligence Rules
What you receive for a settlement is based on the following:
- The extent of damage
- The severity of the injuries
- Policy limits for insurance
- Whether the fault for the crash was clear
- If one driver was totally to blame
The above factors can help you determine what you’ll ultimately receive.
FAQs About Motorcycle Accident Settlements and Motorcycle Accident Lawsuits
The following FAQs will answer your questions if you’re planning to file a claim.
Who Can File a Lawsuit in a Motorcycle Accident Case?
In Maryland, any accident victim involved in a motorcycle crash who suffers injuries, property damage, or a loss of wages, due to another’s negligence, may file a personal injury lawsuit. This includes the motorcycle rider, passengers, or even pedestrians affected by the incident.
To win a motorcycle accident settlement, an experienced personal injury lawyer must show that the negligent party was totally at fault for any bodily injury liability and pain and suffering damages. This also holds true if an accident victim dies and the motorcycle and car accident claim becomes a wrongful death lawsuit.
Therefore, an experienced motorcycle accident lawyer must show that the other party’s negligent behavior directly caused the injuries and pain, and suffering damages of the accident victim.
What Happens if the Motorcycle Rider Is Partly at Fault?
Maryland follows a strict contributory negligence rule, which means that if the rider is even slightly at fault, they may not be able to recover compensation. To receive fair compensation, you usually need to show that the other driver is totally to blame.
Can I Receive a Motorcycle Accident Settlement in Maryland if I Wasn’t Wearing a Helmet?
If you were not wearing a helmet during your accident, the insurance company of the at-fault party might argue that you’re partly to blame for your injuries. This is where you’ll need to consult with an experienced personal injury lawyer.
Again, Maryland follows strict contributory negligence rules, so you can’t recover damages if you’re even one percent responsible for your accident. However, the lack of a helmet shouldn’t typically affect your ability to seek compensation even if you sustain neck or head injuries.
While motorcycle riders are required to wear an approved helmet in Maryland, non-use of a helmet is not normally admissible in a personal injury claim.
So, why is this the case when you’re seeking compensation after a motorcycle collision?
The answer is found in how liability is determined in a personal injury lawsuit. In Maryland, to establish a defendant’s liability, the plaintiff must prove that the defendant breached the duty of care that they owed the plaintiff under the state’s negligence laws and contributory negligence rules. As a result, it was this breach and not the lack of a helmet that led to the plaintiff’s injuries.
The plaintiff, in other words, did not owe a duty of care to the defendant to wear a helmet.
If you were wearing a helmet that had a defect, however, you may be able to file a claim against the helmet manufacturer. You’ll have to show that the product’s design was the cause of your injuries.
How Can I Speed Up the Process in a Motorcycle Accident Lawsuit?
To move things along faster, it’s important to stay organized and follow your attorney’s instructions. Use the following suggestions as a checklist to expedite the legal process and experience the best results.
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Receive prompt medical care
This will allow you to gather the proper documents for detailing your injuries and the related costs and damages.
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Avoid talking to the insurance company of the at-fault party until you talk to your attorney
Also, don’t state to anyone that you may be at fault. Refer all inquiries to your lawyer.
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Collect and file all the evidence from the accident scene
Evidence includes copies of police reports, photos, videos, and witness statements.
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Cooperate with all of your lawyer’s requests – allow them to negotiate
Give your lawyer the relevant documents and details as soon as possible. Don’t procrastinate. Allow them to negotiate your claim so you can get the best settlement offer without unnecessary delays.
What is the Average Motorcycle Settlement Amount?
About $78,000 for more serious injury claims.
What Is the Most Common Non-Fatal Motorcycle Accident Injury?
Road rash is the most common non-fatal injury among riders. When it’s severe, it can lead to complications such as nerve damage.
Where Do Most Motorcycle Accidents Happen?
Approximately 70% of accidents happen at intersections – riders beware!
Why Do I Need a Motorcycle Accident Lawyer for My Motorcycle Accident Claim?
Hiring a motorcycle accident lawyer is beneficial for several reasons.
Knowledge
Attorneys experienced in motorcycle accidents understand specific laws and regulations that affect your case.
Advocacy
Lawyers advocate on your behalf, ensuring that your rights are protected and your voice is heard.
Maximizing Compensation
An attorney works to secure the maximum compensation possible, covering medical expenses, lost wages, and other damages.
Negotiation Skills
Attorneys have the skills to negotiate with insurance companies, which often attempt to minimize payouts.
Contact the Law Offices of Alex Poberesky for a Free Consultation About Your Motorcycle Accident Injuries and Lost Wages Now
Motorcycle crashes can lead to serious injuries. That’s why the motorcycle accident lawyers at the Law Offices of Alex Poberesky are dedicated to obtaining maximum compensation for clients who file motorcycle accident lawsuits.
Only a motorcycle accident lawyer can secure the highest amounts for both economic damages and non-economic damages for accident victims who’ve been involved in motorcycle accidents.
Give us a call anytime at (410) 324-6820 to schedule a free consultation about your case.
