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Each motorcycle accident lawsuit is unique, and many factors can affect the legal timeline. Therefore, it is impossible to say with any certainty how long it will take to resolve your claim.
It is natural to want to settle your case as quickly as possible, especially if you face looming medical bills and cannot work. However, getting a fair value for your settlement is the ultimate goal, even if it takes time to resolve your lawsuit. A Rutherfordton motorcycle accident lawyer from Farmer & Morris Law, PLLC could help you get the best possible outcome without facing legal delays.
The Timeline for Motorcycle Accident Cases Can Vary Widely
A wide range of outcomes can occur in a motorcycle accident lawsuit. In a best-case scenario, your personal injury attorney could negotiate with the at-fault party or their insurance company and reach a fair settlement in a matter of weeks. This might be ideal, but it is also uncommon.
Other cases can take much longer. If initial settlement negotiations fall through, your motorcycle accident attorney may file a lawsuit to pursue a favorable outcome on your behalf. A lawsuit can be a powerful bargaining chip in the negotiation process.
Filling a lawsuit does not necessarily mean your case will go to trial. In fact, most personal injury cases settle before going to court. However, in rare situations, a resolution might only come following a jury trial. Particularly complex lawsuits that reach this stage may take years to resolve.
Factors that Impact How Long a Motorcycle Accident Lawsuit Takes
Estimating the length of a motorcycle accident lawsuit is complex because so many factors are involved. Understanding these factors is important for anyone considering legal action, as this knowledge informs them how long their case might take.
The Complexity of the Case is Important
Complicated fact patterns can lead to delays. For example, accidents involving several potentially liable parties who all deny fault can take longer than those with a single negligent party.
It can also take longer to resolve a claim when multiple insurance companies are involved, as carriers often disagree on which policy should cover the accident.
Inadequate Insurance Coverage Can Cause Delays
Dealing with uninsured or underinsured drivers can complicate your injury settlement. Even when there is little doubt about who is at fault, your case may face delays if the other party lacks the insurance coverage needed to pay for your losses.
Most motorists do not have the personal assets available to cover the costs of an accident. If the at-fault party cannot pay for your damages, you may need to turn elsewhere for compensation, such as your insurance company. Your motorcycle accident attorney can explain your options.
Severe Injuries Can Slow Things Down
If you suffered catastrophic injuries in the crash, you may want to wait to settle your case until you understand the full extent of your injuries and the ongoing medical care you will require in the future. You only get one shot to resolve your lawsuit, and you cannot ask the defendant for more money again in the future. Because of the finality of these settlements, you should only reach an agreement when you have a clear picture of your current and future expenses.
Before you can be certain what your case is worth, you must reach maximum medical improvement. In other words, you must recover from your injuries as much as possible before accepting a settlement agreement. Otherwise, additional treatments might become necessary that you did not factor into the settlement amount, meaning you must cover them out of pocket.
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Is There a Time Limit to File a Motorcycle Accident Lawsuit?
One factor that pressures a motorcycle accident victim to pursue a lawsuit is the personal injury statute of limitations. The courts strictly enforce this legal deadline, which differs by state.
For example, S.C. Ann. § 15-3-530 governs the statute of limitation in South Carolina, and N.C. Gen. Stat. § 1-52 sets the legal deadline in North Carolina. In both of these states, plaintiffs have three years to file a motorcycle accident injury lawsuit. Other states allow as much as four years or as little as 12 months.
Complying with this deadline is crucial, as it does more than just require you to move quickly with your personal injury case. If you wait until the deadline expires to file your lawsuit, the judge will likely dismiss your case with prejudice. This outcome bars you from re-filing your suit or seeking the compensation you deserve via a lawsuit.
A Personal Injury Lawyer Can Help You Keep Your Motorcycle Accident Case Moving
There are plenty of reasons why hiring a motorcycle accident lawyer is worth it. While you are the only one who can decide to hire legal counsel, they can benefit you in many ways, including avoiding delays in the legal process.
Pursuing a civil lawsuit takes time, and you likely cannot resolve a case overnight. However, you should recognize that defense attorneys and insurance companies have an incentive to delay your case. After all, the time they spend refusing to pay you what they owe you is essentially an interest-free loan. And if the statute of limitations passes, they may stop negotiating altogether.
You deserve legal counsel that aggressively pursues a favorable outcome on our behalf. This means never allowing the other side to drag their feet during the discovery phase or settlement negotiations. Some aspects of your case are out of your control, but your attorney can help you avoid unnecessary delays that drag your lawsuit out for months or even years without a good reason.
Work With an Attorney to Settle Your Motorcycle Accident Claim Without Delay
Resolving your motorcycle accident injury lawsuit may take several weeks or months, but getting a fair outcome is usually worth the wait. By working with a motorcycle accident attorney who will aggressively pursue fair compensation on your behalf, you could settle your case or win a verdict at trial and receive all the money you need to pay your bills and put your life back together.
Our team at Farmer & Morris Law, PLLC is here to help you get the best possible outcome in your motorcycle accident injury lawsuit. Contact us as soon as possible for a free consultation.
