If you suffered injuries in a motorcycle accident, you are understandably in a hurry to receive the financial compensation you are owed. Medical expenses and regular bills can add up, especially if your injuries prevent you from working. Recovering damages in a motorcycle accident can take anywhere from a month to a year, depending on the details of your case and the extent of your injuries.
While you may be tempted to accept the first settlement offer, you could leave money on the table. A skilled motorcycle accident lawyer can help you navigate the process so you can recover the compensation you deserve as soon as possible.
Factors That Can Affect Your Motorcycle Claim Timeline
Understanding the factors that affect your motorcycle accident case can help you better handle the financial challenges in the aftermath of a motorcycle crash. The following factors may affect the speed of your settlement.
The Severity of Your Motorcycle Injuries
Motorcycle accident injuries are often severe and life-altering. Since motorcycle riders are not protected from impact, they often experience worse injuries than car accident victims. Worse injuries typically require more medical care over a longer period of time, which means a greater potential settlement.
Higher settlements are more difficult to negotiate, especially if they exceed the limit on an insurance policy. Sometimes, victims must take high-value cases to trial so they can recover the full compensation they deserve for their losses. Although the claim may still settle out of court, the insurance company may hold out longer in negotiations or take the case to trial in the hopes of reducing the settlement value. This means a longer timeline for recovering your motorcycle accident settlement.
The Extent of Your Disability or Impairment
If your motorcycle accident injuries resulted in long-term disability or impairment, you may need to take the case to court to recover current and future expenses. While most insurance claims will cover lost income and medical bills related to an accident, insurance companies are motivated to pay as little as possible. You should not have to pay for the future costs associated with disability, including lost income potential, loss of career, future medical expenses, prosthetics, disability accommodations, in-home care, and domestic assistance.
Settlements for such claims can sometimes reach millions of dollars. The at-fault party and their insurance company is more likely to fight a larger settlement in court, which can extend your settlement timeframe.
The Number of People or Parties Involved in the Accident
Typically, a motorcycle accident settlement depends on proving that another party was mostly or fully at fault for the accident. When only one party is clearly responsible, the settlement process will usually run more smoothly. Insurance companies presented with clear evidence of fault will likely pay a settlement faster.
If the accident involves multiple at-fault parties, or if a government entity is involved, the case may take longer. Usually, the at-fault parties and their insurance companies will need to negotiate between themselves to apportion fault.
If they cannot come to a reasonable agreement with the motorcycle accident victim, or if they consider the victim partially at fault, the case may have to go to trial. As a result, complex cases with multiple involved parties often take longer to settle than accidents with more straightforward fault determination.
The Amount and Quality of Evidence to Prove Fault
An insurance claim or personal injury lawsuit for a motorcycle crash relies on quality evidence to prove fault. Even if you know who is responsible for the collision, you must be able to show that the other party or parties were responsible for the accident and your resulting injuries.
Hiring an attorney as soon as possible after the accident can help you recover evidence such as videos, photos, and witness statements while they are still available. Even if you are in the hospital receiving treatment for your injuries, a personal injury attorney can begin working on your case.
Steps You Can Take to Speed the Settlement Process
Evidence gathering, negotiations, and legal proceedings for a motorcycle accident claim take time. However, there are steps you can take to hasten the process and recover your settlement more quickly.
Document Everything About the Motorcycle Crash
Documenting the accident and your recovery process can help you ensure a smoother settlement process. If you or a trusted friend can do so, take photos or videos of the accident scene, including skid marks, impact sites, vehicle damage, and the final resting position of the vehicles. Take the names and contact details of anyone who witnessed the accident. Seek medical attention immediately and keep copies of your medical records, including imaging, diagnostics, doctor’s notes, and treatment plans.
Continue documenting your damages by keeping a journal that details the way your injuries affect your daily life. This can help you recover non-economic damages such as emotional distress, mental anguish, and pain and suffering. Maintain copies of your bills, invoices, pay stubs, and financial statements to document your financial losses in full. Presented with clear evidence of fault and damages, the insurance company is more likely to settle rather than risk losing at trial.
Do Not Admit Fault or Make a Statement
Insurance carriers can be deceptively friendly when you report an accident. They may ask you to make a statement about the accident or encourage you to sign a settlement immediately. These offers are rarely in the claimant’s best interests.
Rather than discussing the case directly with the at-fault party or the insurance company, speak with your attorney. If you must give a statement to law enforcement or your insurance company, keep the statement factual and avoid guessing at the cause of the accident.
Finally, avoid making any statements that imply you could be at fault, and do not downplay your injuries. Such statements can complicate your case and harm your ability to recover compensation. When questions of fault arise, negotiations can be more complicated, and the case could end up in court, further extending your settlement timeline.
Hire a Motorcycle Accident Lawyer As Soon As Possible
A motorcycle accident attorney can help you gather evidence, file claims, and negotiate with the at-fault party and their insurance company. While you recover from your injuries, they can handle the legal footwork.
Hiring a motorcycle attorney immediately after your accident has several advantages. A lawyer can begin gathering evidence while it is still fresh. Evidence from a motorcycle accident can disappear or lose quality over time. Witnesses may forget details about the crash, and debris may be removed from the site to allow traffic to proceed. An attorney can help you recover critical evidence that can make your case go faster.
In addition, a personal injury lawyer with experience handling motorcycle accident claims will know how to negotiate with stubborn insurance companies. They can handle negotiations and file a lawsuit to ensure you do not miss deadlines like the statute of limitations.
Consult With a Skilled Motorcycle Accident Attorney Today
The aftermath of a motorcycle accident is expensive and stressful. At Christensen Law, we understand that you want to receive your settlement and move on with your life. Our team aims to pursue the maximum compensation you deserve, and we work to achieve a settlement as quickly as possible. We will not settle for less just to make the case go faster, but you can rest assured that we will work to help you recover as quickly as possible.
Contact us today to schedule your free consultation and see how we can help you pursue the justice and compensation you deserve. You can call our number 24/7.
