How Long Does a Motorcycle Accident Lawsuit Take?

Motorcycle Accident Lawsuit

Written by Jeremy D. Earle, JD

August 13, 2022

Length of Colorado Car Motorcycle Accident Injury Lawsuit

Many individuals have concerns after being involved in a motorcycle accident. Many of those queries are about the judicial system. Clients commonly inquire about lawsuit timescales with our legal team.

Victims of accidents want to know: How long does it take to file a motorcycle accident lawsuit? What variables influence the duration of a motorcycle lawsuit? Is it necessary to file a motorcycle lawsuit to collect compensation following a motorcycle accident?

We’ve chosen to gather answers to the most commonly asked questions we get on our site. If you’ve been in a motorcycle accident, this piece will tell you all you need to know about filing a lawsuit.

Motorcycle riders are at a higher risk than car drivers. Riding a motorcycle puts a person in more danger on the road than driving a car. This is true for a variety of reasons. Motorcycles are tiny and not very visible in general; if visibility deteriorates more, motorcyclists risk much greater danger.

Motorcyclists are likewise not provide the same protections as car passengers. When you’re riding a motorcycle, there are no barriers around you. You are also not protected by seatbelts or airbags.

Just because motorcycles aren’t as safe as cars don’t imply you’re to blame for your crash. The fact that motorcycles are more dangerous than cars does not inevitably imply that motorcycle accident survivors blame the accident. Other drivers are still responsible for never acting recklessly or negligently. The motorcycle driver is not at blame if someone else’s negligent conduct causes a motorcycle collision.

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Injuries Commonly Sustained in Motorcycle Accidents

One of the most prominent motivators for motorcycle accident claims is the significant injuries sustained by many motorcyclists. It’s hard to ignore a big injury, particularly if it causes great pain and suffering, requires you to miss work, or renders you incapacitated.

The kind of injuries sustained by a victim in a motorcycle accident determines the length of time it takes to file a motorcycle accident case. In general, the longer the case takes, the more serious the damage. This is because those who are more badly wounded often incur larger losses (such as medical expenses) and require longer to recuperate enough to know what to seek in an accident injury claim.

The following are some of the most frequent injuries sustained by motorcyclists in serious accidents:

Traumatic brain injury (TBI): A traumatic brain injury (TBI) may be very serious. This sort of damage has the potential to have long-term consequences. If a person has suffered a TBI due to a motorcycle accident, they should seek medical assistance right once.

Spinal cord injury: Most spine injuries occur as a result of compression or tugging after a collision. If the spinal cord is damaged, the person may experience spasms, increased reflexes, pain, numbness, paralysis, and other catastrophic symptoms.

Road rash: A rider’s skin scrapes over the road surface after an accident, resulting in road rash. Even persons in cars may acquire road rash; following an accident; some people are thrown from their cars and slide down the road. Road rash is frequent among motorcycle riders because they lack the structural protection that cars provide.

Fractured bones: Some broken bones “aren’t a huge concern,” despite how they feel. You may seek justice if you have a broken bone in a motorcycle accident. However, some fractured bones are exceedingly serious and can even render a sufferer incapacitated. If you’ve fractured a bone in a motorcycle accident, it’s critical to understand the type of your fracture (or fractures).

Internal wounds: Internal injuries are particularly harmful since they are invisible to the human eye. It’s one of the reasons why it’s critical to get medical assistance as soon as possible after a motorcycle accident, even if you don’t believe you’re harmed. These injuries can inflict significant harm to your body.

Damages Recoverable in a Motorcycle Accident Lawsuit

The sorts of damages you seek may influence the length of your motorcycle accident case. Every motorcycle collision is one-of-a-kind. Every motorcycle accident case is also unique. We’ve said it a thousand times, but we still believe it’s crucial.

Many individuals go into the legal procedure after an accident with preconceived notions about what will happen. The only way to find out how your case will turn out is to speak with an expert motorcycle accident lawyer.

The sorts of damages you seek after a motorcycle accident might alter the timetable of your case. Cases with greater damage demands often take longer to resolve. Although this is not always the case, bigger claim values often need a more extensive examination.

Here are some of the losses for which a motorcycle accident victim may seek compensation in a motorcycle accident lawsuit:

Medical expenses: You may be able to collect the costs of past, present, and future medical expenses incurred due to your motorcycle accident. Higher medical expenses are often connected with more serious or long-term injuries; when they are included, a motorcycle accident case may take longer to resolve than one with “minor” injuries.

Pain and suffering: Many motorcycle accidents lead survivors to suffer from pain and suffering; these damages vary depending on how your accident has affected you emotionally and physically.

Lost wages: Unfortunately, missing work following a motorcycle accident is typical. In court, you may seek compensation for lost earnings.

Reduced earning capacity: Lost earnings are one thing, but impaired earning ability is quite another. After a motorcycle accident, an injured person’s capacity to generate money may be permanently harmed. If this describes you, an attorney may assist you in pursuing compensation for lost earning ability.

Loss of pleasure of life: No one deserves to feel as if their enjoyment of life has been taken away; there

are particular damages available to motorcycle accident survivors who suffer a loss of enjoyment of life.

Disfigurement: Some motorcycle accidents (and the injuries that arise from them) result in

disfigurement and scarring. Accident survivors in this situation may be eligible for further compensation.

Disability: If your motorcycle accident resulted in a disability, you might seek compensation for the effect on your life. There is no monetary figure that can ever compensate for a handicap, yet the American legal system strives to offer financial assistance to accident survivors who are disabled.

Certain Injuries May Give Rise to a Motorcycle Accident Lawsuit Take your time.

When individuals are injured in motorcycle accidents, their injuries are often much worse than if they had been in a regular car collision. This is because motorcycles do not offer riders the same level of security as most passenger cars. They are not enclosed, lack safety equipment like seatbelts and airbags, and may easily tip over on the road.

More serious injuries may result in lengthy litigation. This is not a penalty for those who have survived a serious accident. It is correct for two reasons:

It’s advisable to start legal procedures once accident survivors have completed a physical recovery as they can give their injuries. This benefits their physical health while also making it simpler to tally expenses and forecast future medical needs. The more severe someone’s injuries, the more costly it is to treat them. Furthermore, the bigger the monetary damages in a lawsuit, the longer the case is expected to take.

The sorts of injuries sustained in a motorcycle accident might affect how long it takes for a person’s case to be heard in court.

Some injuries have historically been linked with costly recoveries or lengthy rehabilitation periods, such as:

Non-severe bone fractures: Some bone fractures are not considered serious (although they certainly feel severe when they happen to you and impact your life). Others, such as those that breach the skin or appear in many locations, are very dangerous to one’s health. These fractures may take a long time to heal and may need costly procedures and significant rehabilitation treatment.

Traumatic brain injuries: These are devastating injuries that can potentially impact the victim’s life permanently. Depending on the severity of the brain damage, the person may need long-term or even life-long care after the accident.

Spinal cord injuries: Spinal cord injuries are excruciatingly painful and may be prohibitively costly to cure; they often need repeated and intensive treatments, and patients frequently do not recover completely.

Scarring, disfigurement, or handicap caused by an injury: If an injury is serious enough to result in deformity or scarring, it will likely take a long time to recover. Injuries that result in incapacity may need months (or years) of rehabilitation before legal action may be taken.

The Procedure for Filing a Motorcycle Accident Lawsuit

Obtaining Legal Counsel.

Legal experts must spend years (often decades) learning about certain areas of law. There’s a reason why most individuals consult with a lawyer before entering into insurance settlement or court negotiations: they’re huge assistance.

You may meet with many local motorcycle accident lawyers to choose which one is ideal for your case. They’ll all ask you questions about what occurred, how your accident affected you, and how you want to continue with the legal procedure. Then you may ask questions regarding the potential worth of your case and how that lawyer would handle it.

How can I tell if I don’t need a lawyer after a motorcycle accident? You most likely do. However, the following elements make it evident that a victim should consult with an attorney:

People who have missed more than a few days of work due to an accident;

People who have suffered shattered bones, head or spinal injuries, or other equally severe ailments.

People who have accumulated bills over a few thousand dollars due to their injury.

Collaboration with a Lawyer During the Investigation and Negotiation Stages

The attorney you choose to engage with will analyze your case and investigate what occurred. One of the key advantages of hiring a lawyer is that they will utilize every tool at their disposal to identify and show what occurred to cause your injury. Motorcycle accident lawyers must acquire evidence about all aspects of an accident, from that it caused your harm to the fact that the responsible person caused it.

At this point in the legal procedure:

Your lawyer will question you about what occurred during the accident.

You will share any paperwork and proof you have with your lawyer.

Your lawyer will analyze the viability of your possible claim.

You may make requests during a negotiation. You may genuinely seek the damages you deserve once you reach the bargaining process. During the bargaining phase, many motorcycle accident survivors and their attorneys achieve success. The majority of lawsuits are settled out of court.

If you have engaged an attorney, they may negotiate and request the other party’s insurance company (or their attorney).

Filing a Lawsuit After a Motorcycle Accident

If discussions fail to produce a fair settlement and you need to proceed with the legal procedure and file a motorcycle accident case, your lawyer will assist you. Motorcycle accident lawsuits include several processes. The discovery stage of your case is at the start of the procedure.

During the trial discovery period, both parties in a dispute may interrogate each other and gather paperwork and evidence. Your attorney and the defendant’s counsel may question witnesses, call experts, and do other things. Some legal teams reach an agreement at this phase; in others, a mediator is necessary to resolve the issue outside of court.

Trial.

Mediation does not always work. If mediation fails to resolve the difficulties in your case, it may be necessary to go to trial. This entails your attorney presenting your case before a judge or jury, and the trial might span anywhere from a day to months.

Seek the advice of a Skilled Colorado Springs Motorcycle Accident Attorney.

Remember that each situation is unique when it comes to your motorcycle accident lawsuit. If you have worries about how long your case could take, discuss them with your attorney. It is your lawyer’s responsibility to provide you with legal advice and to answer your inquiries.

Warrior Motorcycle Accident Attorneys has a lengthy track record of successfully winning compensation for clients who have been seriously injured in motorcycle accidents. Our lawyers can give the resources and knowledge of a bigger company and the personal attention and communication that a smaller practice would provide.

Call Warrior Motorcycle Accident Attorneys at 719-300-1100 or fill out an online contact form to schedule a free consultation regarding your motorcycle accident case.

Warrior Personal Injury Lawyers
1902 W. Colorado Ave., Ste. 100
Colorado Springs, CO 80904
719-888-3540

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