- May 14, 2024
- Asheville Motorcycle Accidents
If it extends to a lawsuit, the legal process may take several months to as long as a couple of years to resolve. Contacting a motorcycle accident attorney to oversee the entire process is an important undertaking, especially in the initial steps of the legal process.
The Statute of Limitations
The statute of limit for civil lawsuits is usually two or three years from the accident date, though some states only allow one year, and others allow up to five or longer. The filing time is limited, and you will lose your right to compensation if you file your lawsuit too late. While a couple of years might seem like a long time, a lawsuit takes preparation, so never wait to consult a motorcycle accident attorney.
The First Mile: The Crash Aftermath and What You Need to Do to Support Your Claim
Right after a crash, you need to focus on getting medical care. Begin and follow all treatment recommendations in the following days.
Contact a motorcycle accident attorney to help you with your claim. They will review any evidence and speak to the insurance company. Choose an attorney who understands what it takes to handle motorcycle claims.
What to Expect Next
The Demand Letter
During the first month, your chosen attorney will establish a legal plan. They’ll draft a demand letter detailing your injuries and ask the insurance company for damages. The letter requests fair compensation for your injuries and losses.
Then, you’ll need to wait for a response.
The Insurance Company’s Response
The insurance company may respond by offering a lower-than-expected settlement. If you decide to counter the offer, you’ll need to be patient. Your attorney might need to gather additional evidence to support the full value of your claim.
Settlement Talks
If your settlement talks continue, they may drag on for another two months. By this time, you may have already spent four to six months on this part of the legal process. At this point, the attorney might advise that it’s time to file a lawsuit.
Filing a Lawsuit and the Discovery Phase
If you’re still involved in the legal process and have filed a lawsuit, you’ll go through the discovery phase. This means going through a lengthy exchange of information – interrogatories, depositions, and requests for documents. You might call this phase the “gearbox” of the case, as it sets the pace and power for a trial.
Mediation
If pretrial settlement negotiations are not working out, your case might go to mediation.Mediation allows a neutral third party to help the parties negotiate a settlement before the case reaches the courtroom.
Heading to Court
You must likely head toward court if the meditation phase does not end in a settlement. Your attorney will gather expert testimony, file pretrial motions, and attend any necessary court conferences. Your legal team can continue with settlement negotiations up until your trial date. In fact, you can settle the case out-of-court at any point before a verdict is issued.
Going to Trial
While few personal injury lawsuits go to trial, some may require it. Due to busy court dockets, it can take months to get a trial date . Further, court dates are frequently subject to postponements due to judges’ schedules, attorney conflicts, or other unexpected events.
A trial follows strict procedures, and it can take less than a day or several days, depending on the complexity of the evidence. After the jury deliberates, a verdict will be delivered. What you receive in a settlement hinges on this decision. It’s the ending of a long legal journey. If the jury rules in your favor, congratulations! You’ve received a hard-won victory.
You may want to appeal the case if you do not receive a favorable ruling. Your attorney can identify when this is the best option. An appeal can take several more months or even several years.
As you can see, a motorcycle accident case takes a long and winding course. Naturally, each case varies, depending on its factors, the legal strategy used, and the jurisdiction. All these elements can either shorten or lengthen the timeline for your motorcycle accident claim.
A motorcycle accident lawsuit is not a sprint. It’s more like a marathon. With the right motorcycle accident attorney in your corner, you can expect the process to stay on track as efficiently as possible. They will comply with all necessary deadlines and address any issues as they arise to minimize delays.
How to Speed Up the Legal Process
To ensure a more successful and speedier process, it’s important to do the following:
- Receive prompt medical treatment, collecting the appropriate documents detailing your injuries and related costs.
- Collect evidence at the accident scene – photos, videos, and statements of witnesses. Keep a copy of the police report. Gather this evidence right after the accident.
- Retain the services of an experienced motorcycle accident lawyer – an attorney who already knows what it takes to win these cases.
- Cooperate fully with your attorney’s requests – provide the relevant details and documents as soon as you can so your case can move forward.
- Avoid making a statement to the insurance company or admitting you may have been at fault. Always refer inquiries to your attorney, as making any missteps can delay a resolution.
With bills adding up, it is natural to want a quick settlement. However, settling too quickly without exploring all your options, such as possible litigation, can result in inadequate compensation. Patience is important, so allow your attorney time to negotiate. A good lawyer will work toward getting the best settlement possible without unnecessary delays.
Consult a Motorcycle Accident Attorney Now
The key is to act quickly and to work closely with a competent personal injury lawyer to preserve strong evidence and pursue compensation as soon as possible. Whether your filing takes six months to settle or a year or more to resolve, it’s important to have the proper legal representation. Don’t leave anything to chance. Seek a free consultation today.
Attorney Lakota Denton
Lakota Denton has been practicing in his own firm since 2013, focusing solely on personal injury. He is a member of the American Association of Justice, the North Carolina Advocates for Justice, the North Carolina Bar association, the American Bar Association, the National Trial Lawyers, and was awarded Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients choice award. [ Attorney Bio ]