You might be quite motivated to settle your motorcycle accident case, but you cannot control all of the factors that can affect your claim’s timeline. Here are four of those items that can affect how long your motorcycle case will take:
Your Medical Issues
There are several medical facets to your injury, and each one can either speed up or slow down the pace of your case.
Extent of Your Injuries
The severity and complexity of your injuries can determine how much time it will take until you are back on your feet. You should never settle an injury claim before you finish all of the medical treatments and therapy and achieve the maximum level of healing that your doctor expects you to have.
Accepting a settlement before that point exposes you to significant financial risk. Let’s say that you break a bone in your back in a motorcycle accident. Your doctor puts you on eight weeks of bed rest. After two months of physical therapy, your doctor decides that you need back surgery.
If you have already accepted a settlement, you would have to pay for the surgery out-of-pocket. You will not get any more money from the insurance company, even if the operation does not go well and you can no longer perform your job.
Some medical treatments require a longer recuperation time than others. For example, if you need surgery and then physical therapy for your injury, your case will take longer than if you required only stitches and a few days of rest. Also, your age and general health can affect how long it takes for you to recuperate.
Follow-up or Ongoing Treatments
In some situations, your doctor might have to perform an initial medical intervention, and then wait and see what you need to have done at that point. If you sustained significant injuries or experienced complications, you might have to undergo additional procedures. This situation can push your case back by months or longer.
Settling or Going to Trial
If you settle your motorcycle case, it will likely be completed more quickly than if you go to trial. If the insurance company gives you the compensation you deserve, you can settle and get your money. If the insurance company refuses to give you a fair settlement, you can file a lawsuit.
Once your lawyer files the lawsuit, both sides start searching for evidence to prove their cases and to discredit the other side’s arguments. We use interrogatories (written questions) and depositions (questions the lawyers ask in person with a court reporter present) as part of our pretrial discovery. We also gather and exchange documents like medical records and police accident reports.
The discovery stage of the lawsuit typically takes a few months or longer. If we need to hire an expert witness for your case, doing so will add time and expense to the lawsuit, but since experts testify about critical issues, they can be worth it.
Appeals from the Trial
If there is an appeal, your case can go on for another year or two after the trial. Either side (the insurance company or you) can file an appeal if they disagree with the trial court decision.