In California, 3,820 people were seriously hurt or killed in motorcycle accidents in 2021. These accident victims and their families have suffered losses and are suffering. They need to know how long their motorcycle accident lawsuit will take.
The LA Century Law San Bernardino motorcycle accident attorneys explain the California motorcycle accident lawsuit timeline.
How Long Does a Motorcycle Accident Lawsuit Usually Take?
A motorcycle accident lawsuit typically takes between four months and two years to complete. If liability is clear and injuries can be documented, a claim may be resolved in several months. If a claim is disputed, legal proceedings often take longer.
Motorcycle injury lawsuit timelines
Four months and two years are the extremes. Most motorcycle accident lawsuit timelines in California are somewhere in between. There are multiple factors that affect how long a motorcycle accident lawsuit takes.
Factors That Affect the Timeline of a Motorcycle Injury Case
Clarity of fault
If the fault is clear, the parties can talk about a settlement. When a fault is contested, the plaintiff must prove their right to compensation. The defense may be more likely to take a claim to trial if they believe the jury may find they are not at fault.
Disputes regarding fault can extend how long a motorcycle accident lawsuit takes.
Multiple defendants
When there are multiple defendants, sorting out liability can be particularly complex. The defendants may want to dispute liability among each other. More than two parties to litigation can add additional time.
Availability of insurance
When there is insurance to pay compensation, a case can settle quickly. When funds for a motorcycle accident lawsuit come from personal resources, the defense may be more likely to take a case to trial in hopes of avoiding having to pay.
High-value claims
A large claim can take longer. Valuing future damages and pain, and suffering for life-changing injuries can take time. In addition, the defense may be likely to look for potential defenses.
Availability of evidence
Sometimes, evidence is readily available. Other times, it can take time to depose reluctant witnesses, demand production of records, and investigate the crash. How long it takes to develop evidence can impact the case timeline.
Discovery
The formal discovery phase can vary in length. The court may ask how long the parties need for discovery, and a party may ask the court to extend discovery timelines. The court will control discovery timelines to move the case forward.
Accident reconstruction and inspections
Sometimes, proving liability or causation of damages requires accident reconstruction. The case may require a vehicle inspection. Arranging for these steps can add to your motorcycle accident case timeline.
Your wishes
You may want to settle the case quickly, or you may want to take your case to trial. In a motorcycle accident lawsuit timeline, your preferences matter. A lawyer can help you balance the goals of maximizing your compensation and wanting to resolve the case quickly.
Effective settlement negotiations
How you pursue your settlement can impact the timeline of your case. Settlement negotiations must be strategic, giving enough information without revealing the case strategy. How you approach settlement can impact the timeline of your case.
Stages of a Motorcycle Accident Lawsuit
- Pre-lawsuit investigation: Determining the right to compensation and the value of the case occurs.
- Negotiations and demands: It may be possible to resolve the case with preliminary negotiations, especially when injuries are mild or moderate and there is adequate insurance coverage.
- Initial case proceedings: Filing the case in court, serving the defendant, and standard disclosures occur. The defense may respond.
- Preliminary matters: The parties engage in discovery and may file court motions. The court may hold conference hearings.
- Final matters: As the trial date approaches, there may be a final settlement conference and mediation.
- Trial: If the case is unresolved, it proceeds to trial. The jury or judge hears the evidence, determines fault, and decides damages.
- Appeal: Some cases are appealed.
How Insurance Negotiations Can Delay the Process
Insurance negotiations can delay how long a motorcycle accident lawsuit takes in California. The insurance company may take time to review records and needs time to determine what to offer.
Sometimes, early negotiations can resolve a case quickly. In other circumstances, the insurance company uses negotiations to delay the case. A lawyer can help you evaluate progress. When negotiations are not productive, a lawyer can proceed with your lawsuit.
The Role of Medical Recovery in the Length of a Case
It is often necessary to establish a healing timeline following a motorcycle injury. If injuries are likely to extend past case resolution, the claim should include future damages. The injured person may need experts to explain long-term medical needs and costs. The medical timeline can impact how long the lawsuit takes overall.
When a Case Might Go to Trial and How That Extends the Timeline
A motorcycle accident case is most likely to go to trial when there are reasonable disputes. When there are contested issues, a party may have a lot to gain if the jury finds in their favor. A party may be more likely to take the case to trial in hopes of achieving a favorable ruling.
How Long Do Settlements Typically Take in California?
Settlements in California can take a few weeks to finalize. When the parties settle, they put it in writing, sign it, and, in some cases. Put it on the record at a court hearing. If there are formal legal proceedings, the court approves the settlement. The settlement will contain a payment timeline, which is typically a few weeks. Some settlements involve installment payments.
Steps You Can Take To Avoid Unnecessary Delays
To avoid unnecessary delays in a motorcycle accident lawsuit, gather as much evidence as you can. Ask follow-up questions if you don’t understand what your attorney is asking you to do.
Aggressively building your case can help avoid delays and tell the court that you are prepared to move forward.
Contact an Experienced San Bernardino Motorcycle Accident Lawyer
You can have a personalized legal consultation about how long your motorcycle accident lawsuit might take in California.
Contact an experienced San Bernardino motorcycle accident lawyer at LA Century Law.