How Long Does a Motorcycle Accident Lawsuit Take?
The day you get into a motorcycle cycle accident, the clock starts ticking. That clock will be for how long it takes to recover from the accident and how long you have to file a personal injury lawsuit. The recovery time depends on the extent of your injuries, but the filing time will always be the same. The West Virginia legislature set that time to file, known as the statute of limitations, at two years. That length of time may have you wondering how long does a motorcycle accident lawsuit take?
The good news is that if you file the lawsuit within the statute of limitations, you can proceed without further time constraints. However, you don’t want the lawsuit to drag on for years. That is why you want to retain the services of an experienced motorcycle crash attorney ASAP. Continue reading to learn more about the process for filing a personal injury lawsuit following a motorbike accident.
The Pre-Litigation Phase
You can’t go from being released from the hospital directly to the courthouse. Before your lawsuit gets underway, you need to go through the pre-litigation phase. That phase includes the following steps:
Step 1: Initial Consultation
Before moving forward with a lawsuit, it’s best to retain the services of a lawyer. You will start with an initial consultation where you share what happened, review your damages, and discuss liability issues. If the attorney you speak with feels your case has merit and you hire them to represent you, your case should proceed to the next step.
Step 2: Investigation and Evidence Gathering
Your new legal team will conduct a thorough investigation that includes gathering accident reports, witness statements, medical records, photos, videos, and other evidence you both think will aid you in building a strong case.
Step 3: Insurance Carrier Discussions and Negotiations
A lawsuit can’t proceed until you’ve exhausted your options with the at-fault party’s insurance company. If there is a clear case of liability, the insurance company may accept your lawyer’s first demand for compensation. If that offer is rejected, your lawyer will negotiate with the insurance company to see if a mutually agreeable settlement amount can be agreed to. If you feel that the insurance company’s “final” offer is unfair and they seem unwilling to budge, it may be best to move on to the next pre-litigation step.
Step 4: Filing the Lawsuit
When the insurance company resists paying a fair amount for your losses, or there is a question about liability, your next option is to file an official lawsuit. That will only happen after you’ve discussed all the possible outcomes with your attorney and you agree that this is the best way forward.
The pre-litigation phase could last a few weeks or a few months, depending on how responsive the insurance company is. That is why you want a skilled lawyer advocating on your behalf. They will handle all necessary correspondence and not let up until they feel they’ve exhausted all avenues to secure the best possible outcome for you.
The Litigation Phase
After your lawyer has filed a formal complaint with that court outlining details of the accident and the damages you seek, you’ll enter the litigation phase. That involves the following steps:
Step 1: Discovery Process
As the name implies, the discovery process is when both sides present what they have discovered about the accident. In addition to all the evidence that your attorneys have already gathered, they can now schedule depositions. These are similar to what might become witness testimony during a trial. Depositions lock down the version of events from you and the at-fault party. There could also be further investigations into the accident and information secured from expert witnesses.
Step 2: Motions and Court Appearances
A judge will be assigned the case and schedule the pre-trial motions. Each side in your personal injury lawsuit has the right to file motions before the trial starts. Motions are requests from the attorney to admit or reject certain pieces of evidence. When the attorney files a motion, the other side will respond. The judge will then rule on any lingering issues.
This is also when attorneys present their legal arguments. For instance, the at-fault party might claim a sudden emergency defense, an incident like a medical emergency that caused the driver to lose control of their car. Just because they submit that argument doesn’t mean it can’t be disputed, but it could change the scope and length of the trial. After these matters are resolved, the judge can set a date for the trial.
Step 3: The Mediation Option
Depending on the case, the judge might suggest that the parties enter into mediation. That is when a neutral third party (not the judge) steps in and mediates a settlement. If both parties agree to the mediation, then the results will be final. In other words, you can go back to a trial if you don’t like the outcome of the mediation.
Step 4: The Trial
If the lawsuit proceeds to a trial, your lawyer will spend time preparing the witnesses and the presentations. That will be part of the trial preparation. Once the trial starts, each side will present their case, and the other side will have a chance to rebut any assertions or testimony.
Step 5: Verdict and Settlement
The insurance carrier could come back with a settlement offer at any point before or during the trial. If you accept that offer, the case is over. The judge will be informed, and the trial ends. This also means you can’t go back later on to ask for additional funds. If no settlement offer is made, the trial will proceed, and the jury should ultimately return a verdict.
If the verdict is in your favor, the insurance company will need to issue a check for the agreed-upon amount unless they appeal the judgment. In that scenario, there could be additional motions, hearings, and possibly an entirely new trial.
The litigation phase of a motorcycle accident lawsuit can take several months from start to finish. That time frame depends on the complexity of the case and the challenges to liability as it relates to comparative fault.
Setting Up Your Legal Team
Filing an insurance claim or lawsuit after you’ve been seriously hurt in a motorcycle accident is not a job you should take on by yourself. The experienced attorneys at Hendrickson & Long, PLLC, can assist you in navigating our legal system in Charleston and provide you with the information and support you need along the way with the goal of reaching a successful outcome. Call to set up the consultation to get started.
