The timing of a settlement check is one of the most prominent concerns for a motorcycle accident victim because you are understandably stressed and worried about money. If someone else was to blame for your motorcycle accident injuries, they have a legal obligation to compensate you for the harm that they have done. The reality of the motorcycle accident legal process is that you must be patient. Nothing will happen instantaneously, no matter how much you want it.
The most important thing you can do is hire a motorcycle accident lawyer to represent you in the legal process. In the aftermath of a motorcycle accident, you may be facing mounting medical bills, property damage, and lost income. Seeking legal representation can help alleviate the financial burden and ensure you receive the compensation you deserve. Even an experienced attorney cannot rush the process, but they can work diligently to gather evidence and estimate the value of your damages. Then, they can fight the insurance company to get you as much money as possible. If you do not already have a motorcycle accident lawyer in San Antonio representing you in connection with your claim, you need to hire one today.
You Must Hold Out Until You Get What You Deserve in a Motorcycle Accident Case
You might wonder how long a motorcycle accident lawsuit will take. The answer is that getting the money you deserve will take as long as necessary when someone else is to blame for your injuries. Just know that your financial compensation will not come to you overnight, and you may get the check after a sometimes long and arduous battle with an insurance company that does not want to pay for your damages. Insurance companies will only write a large enough check after facing sustained pressure from your motorcycle accident lawyer. There is such a thing as getting your check too quickly, and it can cause you financial consequences in the long run when you are dealing with permanent injuries from your motorcycle accident.
The exact length of your motorcycle accident case depends on many factors, and you must prepare for anything and everything after you begin the legal process. If you end your case before you should, you may receive less money, so sometimes it is worth a more prolonged fight to get every dollar you deserve.
How To Obtain Financial Compensation After a Motorcycle Accident
You can obtain financial compensation for your motorcycle accident injuries in two primary ways, and each one has a specific timetable. Unfortunately, neither of these timetables is necessarily short. Insurance companies want to make the case last as long as possible to put you in an even more precarious financial situation.
Your first legal option is to file a demand letter with the insurance company, formally stating how much to pay you and a threat to file a lawsuit if it does not comply. Insurance companies know your intention when they see a demand letter and will govern themselves accordingly.
The Insurance Company's Timetable When You Have Filed a Claim
Insurance companies will take at least several weeks to respond if you have filed a claim. If your claim was through a demand letter, they may wait longer to answer because they are likely conferring with their lawyers. Each insurance company has timelines for responding to claims; some will take longer than others. If an insurance company takes too long to answer or denies your claim without a valid reason, it opens itself up to a potential bad faith lawsuit.
Even when the insurance company finally responds to you, it is just a signal that the actual hard work of your claim is just beginning. It has likely made you a low settlement offer for a fraction of the actual amount of your damages. Insurance companies are only sending you a signal that they intend to settle your claim instead of making any serious effort to resolve your case. You will need to confer with your lawyer and reject the low offer, and will then counter with an offer of your own and continue negotiations.
Motorcycle Accident Settlements Should Take Time
Reaching a final settlement with the insurance company can take over a year. Motorcycle accidents often result in more severe injuries than other motor vehicle crashes, which lead to more substantial settlement checks. Insurance companies like to take their time when it comes to writing large checks because they want to make things as difficult as possible for you.
If the insurance company is trying too hard to settle your case quickly, you should have a healthy dose of skepticism. Be suspicious if something seems too good to be true, such as the insurance company offering to put a large sum of money in your pocket. Insurance companies may try to rush you into accepting a below-value settlement because they view you as a target. There is less of a chance of this happening when you have an experienced motorcycle accident lawyer representing you.
The only way insurance companies may settle your case quickly in a way that is advantageous for you is if liability is very apparent and you have suffered severe injuries. Then, they may make you an offer for the policy maximum to resolve the case quickly. You can then file a claim against your own underinsured motorist coverage for the balance of the damages up to your policy maximum. You will also have to negotiate extensively with your insurance company because it has the same profit motive as any other company.
Motorcycle Accident Lawsuits May Be Necessary But Can Add Time
Everything changes if you decide to file a motorcycle accident lawsuit. Then, you are at the mercy of the court's schedule, and everything takes time in litigation. However, you may have no choice but to take your case to court, especially if the insurance company is unreasonable.
Even when you file a motorcycle accident lawsuit, a wide range of timeframes can apply to your case. However, you should also know that few motorcycle accident cases will ever go to trial. An overwhelming number of cases will settle before they see the inside of a courtroom, even if you have filed a lawsuit against the responsible driver. Insurance companies know the risks they face when going to trial and understand that a jury can award you even more money than you may have gotten in a settlement agreement. They can also be liable to their own policyholder in a bad faith lawsuit if they could have settled your case but did not.
How Long the Actual Motorcycle Accident Lawsuit May Take
Your lawsuit begins when your lawyer drafts a legal complaint, files it with the court, and serves it to the driver. These steps are only the beginning of the lawsuit process, and insurance companies will be on the other side because they must defend their policyholder. They will have 30 days to file an answer to your complaint, and they may even seek an extension of that deadline.
The court will set the schedule at the beginning of the case. The insurance company may even seek to have your case dismissed at the outset, and the judge will need to consider its motions to dismiss and your responses. These motions will add several months to your case.
The bulk of a motorcycle accident lawsuit is the discovery process. You have the right to request evidence in the other party's hands, and your attorney will question the driver under oath in the discovery process. The insurance company's lawyer also has the right to take your deposition, which can be a challenging part of your case. Your motorcycle accident lawyer will prepare you for this crucial event.
The judge will set a schedule allowing time for discovery. During the discovery process, your attorney may depose witnesses, including the other party involved in the accident, as well as any bystanders or expert witnesses. They will ask questions to obtain valuable information that can support your claim. Additionally, they may request documents such as medical records, police reports, and insurance policies to strengthen your case. The insurance company may be more willing and likely to settle your case on more favorable terms if your lawyer can build a more compelling case in discovery.
There may be an additional step before trial if you and the insurance company still need to reach a settlement in your case. Each side may file a motion for summary judgment, asking the court to decide based on the presented factual evidence.
Obtaining a summary judgment can benefit plaintiffs and defendants in motorcycle accident cases. It allows plaintiffs to receive compensation for their injuries and damages without a lengthy trial process. For defendants, it saves them time, resources, and the uncertainty of a trial.
The Trial Is the Last Step of a Long Process
If you still cannot reach a settlement agreement, it will be time for your lawyer to argue your case before the jury. This stage of your lawsuit often takes the least amount of time, and your trial can finish within a few days. Once the jury hears from your lawyer and the defense, it will issue a verdict in your case. If the jury finds the defendant liable for the accident, it will also award you damages based on your proof. However, if unsatisfied, the insurance company may appeal the verdict, which can add even more time to your case.
You Should Hire a Motorcycle Accident Lawyer Immediately
You can understand how and why you have little control over the timetable in a motorcycle accident case. The good news is you have the power to hire a lawyer, and you should contact an experienced motorcycle accident attorney as soon as possible after the accident. By hiring a motorcycle accident lawyer, you can benefit from their extensive experience in dealing with insurance companies and negotiating fair settlements. They will work diligently to gather evidence, interview witnesses, and assess the full extent of your injuries and damages. This information will be crucial in building a solid case and ensuring you receive the compensation you deserve.
Not only can a motorcycle accident lawyer handle the legal aspects of your case, but they can also provide you with the support and guidance needed during this difficult time. They will serve as your advocate, fighting tirelessly to protect your rights and interests. With a lawyer's help, you can focus on your recovery without the added stress of dealing with insurance companies and legal procedures.
You Must Take Care of Your Health at the Same Time
You also can only begin the legal process once you reach the point of maximum medical improvement. This point is the time when further medical treatment may not result in improvements to your health. When you reach MMI, your lawyer can get an exact handle on the scope and extent of your damages.
In other words, there are things that you can do for your case, even when you do not control the exact timing. Money should certainly not be a hurdle to overcome when seeking an experienced motorcycle accident attorney. Your lawyer gives you a no-fee guarantee - you do not pay anything for their time and services unless you receive a settlement or a jury award for your injuries. Only then will your attorney get paid from the proceeds of your case.
You must hunker down for the long run when you are seeking compensation after a motorcycle accident. If you are struggling with a lack of money, consider litigation financing to keep you afloat until you get your payment. Desperation can give the insurance company a pronounced advantage over you in settlement negotiations because the party with the stronger hand is the one who wins. Your strength comes from your legal right to total financial compensation, and your attorney will fight for these rights and get you the highest possible settlement or award for your injuries.