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According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 28 times more likely than car riders to die in an accident, and 5 times more likely to be injured. If you were in a motorcycle crash, you may not have done anything to cause it, but rest assured that the insurance company for the other driver will be ready to blame you. The result is that they will either offer a low settlement or deny your motorcycle accident claim, forcing you to consider legal action.
When you embark on the process of filing a motorcycle accident lawsuit, you will likely want to know about the duration of the process. The timeframe for motorcycle accident claims can vary depending on the specific factors in your case. It helps to learn more about the motorcycle injury settlement process as well as contact a South Carolina motorcycle accident attorney for legal representation.
Armada Law is committed to representing victims injured in a motorcycle collision. In this blog post, we discuss what can affect the length of time of your personal injury claim and review the key steps involved in the legal process of pursuing your fair settlement.
Factors Affecting the Duration of a Motorcycle Accident Case
How long does a motorcycle accident claim take? It varies widely based on numerous factors that are specific to your motorcycle accident. Here is a look at what will be examined in your motorcycle crash:
The Complexity of Your Case
Most motorcycle accident cases are complex, but when there are multiple vehicles involved, it can become even more complicated. It will also depend on the severity of your injuries since minor injuries may take little time to resolve in a personal injury lawsuit. However, if you have serious injuries, your motorcycle accident lawyer may want to ensure you reach maximum medical improvement to get the full worth of your motorcycle accident claim.
Availability of Compelling Evidence
It is important to present evidence related to your motorcycle crash to help prove negligence. In order to pursue compensation for your injuries, your case must have all four elements of negligence to hold the other party liable. The evidence that you present must be thorough, and you could require the help of an experienced motorcycle accident attorney to get expert witnesses and obtain traffic camera footage.
Insurance Company Negotiations
Insurance companies use an array of tactics to lower settlements or issue a denial of an injury claim. They will lead you to believe that they have your best interests in mind but they are trained to befriend you to get you to say things they can use against you.
When you work with a qualified motorcycle accident lawyer, you will have someone that can step in on your behalf to prevent you from losing the financial compensation you deserve. It may take several rounds of negotiations to obtain fair compensation, though in other cases, the insurance company and the defendant may refuse to agree, prompting the need for a lawsuit.
Court Schedules and Legal Procedures
If a settlement agreement can’t be reached through settlement negotiations, your personal injury lawyer will continue with the lawsuit. After the personal injury claims process, it is the next step toward recovering compensation but it will depend on the court schedules and how your case plays out through the rest of the steps.
Ultimately, these factors could mean that you are offered reasonable compensation in a matter of months, or it could take several years to resolve this legal matter. It is always best to start with a free case evaluation with a motorcycle accident lawyer to determine the right course of action in your circumstances.
Steps Involved in a Motorcycle Accident Lawsuit
When you’ve been in a motorcycle accident, like all personal injury cases, there are certain steps that you will need to go through before you can receive compensation. If you’re still wondering how long does a motorcycle accident case take, it will depend on how quickly you progress through these steps.
Seeking Medical Treatment for Your Injuries
If you were injured in your motorcycle accident, you should seek immediate medical treatment. Some accident victims may mistakenly think they are fine until several hours or even days later. There are certain types of injuries that do not have obvious symptoms, making it all the more important to see a doctor for evaluations.
The medical records created from the receipt of treatment will be important for your motorcycle accident claim as it will establish the date of the accident and your medical expenses incurred.
Initial Filing of The Injury Claim with the Insurance Company
Once you have received medical care, you go through the injury claim process with the insurance company. While you may think that the insurance adjuster cares about what happened to you, their allegiance is with the insurance company. Their job is to minimize payouts in these situations. When it comes to motorcycle riders, they come under the most scrutiny, which is why you’ll want an experienced lawyer on your side.
Investigation and Gathering Evidence
Gathering evidence is an important part of filing a claim, and the insurance adjuster may ask you to present evidence such as your medical bills, lost wages, police reports, and photos. While you’ll need to do this when you file your initial claim, this evidence can be used in your lawsuit if the insurance company either offers too low of a settlement or blames you for the crash to deny your claim.
If you had to receive extensive medical treatment for the injuries caused by the at-fault driver, an experienced attorney can step in to hire expert witnesses and obtain traffic camera footage as evidence in your case.
Pre-Litigation Negotiations
Since going to court is time-consuming, not to mention expensive, insurance companies are generally open to negotiations. When you work with a personal injury law firm, you will have a legal team that can step in for settlement negotiations to get a fair settlement for your medical bills, lost wages, and other economic and non-economic damages suffered due to the at-fault driver.
Filing a Lawsuit
If further legal action is needed, your legal team will file your lawsuit with the court. As the injured party, you will be the plaintiff and bear the responsibility of proving negligence and liability to receive financial recovery.
The Discovery Phase
Once the lawsuit is filed on behalf of an injured party, the discovery process begins. Evidence and information are shared, and depositions are taken to gather the facts of the circumstances surrounding the accident. Another round of negotiations may take place after the discovery process, though if both sides can’t agree, then a trial date will be set.
Trial Preparation and Proceedings
Your attorney will be prepared for trial at the beginning, even though the case might not get to that point. In complicated cases with multiple liable parties, corporations, or government entities, the case might continue for a long time until a verdict is reached.
Ultimately, motorcycle riders who have suffered painful injuries could settle in a few weeks in a less complicated case, or they could be waiting years for a resolution.
Common Challenges and Considerations for Motorcycle Accident Cases
The time a case takes to settle is also impacted by certain challenges in motorcycle accidents. In South Carolina, the state follows an at-fault model, where the person or entity who caused the crash has a financial responsibility to the other party.
However, they may not accept responsibility, and that may mean the case won’t settle quickly like you’d hoped. Additionally, the state follows the rule of modified comparative negligence, which allows for shared blame. You must be 50% or less at fault for the accident, or you will be barred from being able to recover any compensation.
These huge challenges can make it difficult to get maximum compensation on your own. You may try to negotiate with the insurer only to hit a dead end. At that point, you’ll want legal representation to help you navigate the process, especially if the other party blames you.
There is also the matter of the statute of limitations, which is the time limit you are permitted to take legal action through a lawsuit. South Carolina limits you to three years from the date of the accident, though it is in your best interests to proceed as quickly as possible.
For one, the evidence may fade and key witnesses may have moved away, forgotten details, or passed away during this time. For another, the time it takes to settle could drag on, and the longer you wait to put things in motion, the longer it will be before you can recover any financial losses from this tragic event.
The Importance of Legal Representation and Timely Legal Action Through a Motorcycle Accident Attorney
The time it takes to settle can vary widely, and while an attorney may not have control over certain factors, they can help make the process flow more smoothly. You’ll want to talk to a lawyer from the start since you may not realize the full value of your claim. Most victims only think about their immediate medical costs, but they don’t consider how their injuries will require future medical care. This means they settle for much less, often because insurers tell them that they are offering them the maximum.
You might not think about your lost income or how the injuries you’ve sustained will now keep you from enjoying the things that you found so fulfilling in life. Your lawyer will be looking at the bigger picture and fighting to uphold your best interests. Before you accept a check from the insurer, it is a smart move to book a free consultation with a lawyer who represents victims in motorcycle accidents. This will help you to identify your damages, how they affect your life, and see the full worth of your claim. It will also allow you to rest and recover as per your doctor’s orders, allowing someone who has a complete understanding of state laws to take the reins.
