How Long Does a Motorcycle Accident Lawsuit Take?
There’s no one-size-fits-all answer: Some motorcycle accident claims wrap up in months, while others can stretch on for a year or more, depending on factors like the severity of injuries and the complexity of the case.
If you recently got into a motorcycle accident in Arkansas, you already know that it can turn your world upside down in an instant. In the aftermath of an accident, bikers must turn to the legal system to get the support they need to pay medical bills, lost wages, and bike damage.
Our team at Rainwater, Holt & Sexton is here to walk through the factors that influence your settlement timeline and can help you navigate this challenging time to get the compensation you need to move forward.
We’re here to help.
Respect
We treat all our clients with the utmost respect.
No fee
Our No Fee Guarantee® means you pay us nothing unless we win your case.
24/7 access
You get access to our legal team anywhere, anytime.
NATIONALLY RESPECTED. LOCALLY TRUSTED.
Factors That Influence Motorcycle Accident Claim Settlement Timelines
Each motorcycle accident claim is unique, involving a complex set of circumstances that influence the settlement timeline. Several key factors can either accelerate or delay the process. Let’s examine these critical elements:
Severity of Injuries and Medical Treatment
The severity of injuries directly impacts settlement timelines. Consider two scenarios:
- Minor injuries: A rider sustains minor scrapes and bruises.
- Severe injuries: A rider requires multiple surgeries and extended rehabilitation.
The case involving severe injuries will typically take longer to settle due to multiple factors:
- Medical assessment: Doctors must thoroughly evaluate the full extent of injuries, often requiring multiple specialist consultations, diagnostic tests, and treatments.
- Long-term prognosis: Determining the need for ongoing care and potential future complications is essential for accurate damage calculation.
- Documentation: Gathering comprehensive medical reports, bills, and expert opinions takes considerable time, particularly for complex injuries.
It’s crucial to avoid premature settlement before fully understanding the scope of injuries. While waiting can be challenging, it often leads to more appropriate compensation.
Liability Disputes
In a perfect world, fault would always be crystal clear. But in most cases, sorting out all the factors involved takes time. If there are conflicting accounts of what happened, investigators will need to dig deeper, and this can prolong the timeline. This is true, too, if multiple parties are involved. The more parties involved in liability, the more complicated the claim becomes.
Insurance Company Cooperation
Ever feel like you’re speaking a different language than the insurance adjuster? You’re not alone. The insurer’s attitude can make a big difference. Some companies are quick to process claims, while others dig their heels in and fight.
An insurer that comes to the table with reasonable offers will speed things up. One that tries to nickel-and-dime you at every step? Prepare for a longer haul.
Legal Complexity
Legal complexity varies significantly between cases. Disputes over Arkansas traffic laws can prolong the process, as interpreting and applying specific statutes requires careful consideration.
Cases that touch on novel legal issues may become precedent-setting, necessitating extensive research and deliberation. Additionally, involving expert witnesses such as accident reconstructionists, medical specialists, or economic experts enhances the depth of a case but often extends the timeline. These factors can significantly increase the complexity of a motorcycle accident claim, potentially leading to a longer settlement process.
The Motorcycle Accident Settlement Process
Now that we’ve looked at the factors that can influence your timeline, let’s walk through the process of settling a motorcycle accident claim. Think of it as a roadmap for the journey ahead:
Your health comes first, period. Before any serious settlement talks begin, you need to reach what’s called “maximum medical improvement” (MMI). This doesn’t necessarily mean you’re 100% healed, but it means your doctors have a clear picture of your long-term prognosis.
Reaching MMI can take anywhere from a few weeks for minor injuries to many months for severe trauma. It’s tempting to want to rush this process, but remember: A complete understanding of your medical situation is crucial for a fair settlement.
While you’re focusing on healing, your attorney will build your case. This investigative work includes collecting police reports, interviewing witnesses, gathering medical records, and analyzing the crash scene. For complex motorcycle crashes, your attorney may need to consult with accident reconstructionists to provide valuable insight as to how your motorcycle accident occurred.
This phase typically takes a few weeks to a couple of months, depending on the complexity of your case and the readily available evidence.
Once your attorney has a clear picture of your damages (medical bills, lost wages, pain and suffering, etc.), they’ll craft a demand letter. This document lays out your case and proposes a settlement amount. The insurer reviews the letter and conducts its own investigation, typically resulting in a counteroffer.
This process can take anywhere from a few weeks to several months. The more complex your motorcycle accident case or the more resistant the insurer, the longer it tends to drag on.
If negotiations hit a wall, your motorcycle accident attorney may recommend filing a lawsuit. This doesn’t mean you’re definitely going to trial, but it does kick things up a notch.
Filing a motorcycle accident lawsuit can extend your timeline by many months—even a year or more. However, it often motivates the other side to come back to the negotiating table with a better offer.
Typical Motorcycle Accident Settlement Timelines
Settlement timelines vary widely based on case specifics. The following estimates provide a general framework, but individual cases may deviate significantly from these timeframes:
Straightforward Cases
You might see a resolution in as little as 3-6 months for accidents with clear liability and relatively minor injuries. These cases typically involve:
- Minimal disputes over fault
- Injuries that heal within a predictable timeframe
- Cooperative insurance companies
- No need for extensive expert testimony
Cases with Complicating Factors
When things get more complex, motorcycle accident settlements take longer. Cases involving severe injuries, liability disputes, or uncooperative insurers often take 6-12 months or more to settle. Factors that can extend your timeline include:
- Multiple surgeries or lengthy rehabilitation
- Disagreements over the cause of the motorcycle crash
- Insurance companies that drag their feet
- The need for multiple expert witnesses
Cases that Go to Trial
It’s important to note that most motorcycle accident claims settle out of court. But if your case goes to trial, be prepared for a longer journey. You’re looking at 1-2 years or more from filing the lawsuit to getting a verdict. The silver lining? Sometimes, just setting a trial date lights a fire under the insurance company to offer a fair settlement.
More Motorcycle Accident Resources
Where Do Most Car Crashes Happen in Arkansas?
Busy intersections, parking lots, and even rarely traveled rural roads — these are all locations in Arkansas where accidents frequently
How Does the Car Accident Settlement Process Work?
Depending on factors like the severity of your injuries, the complexity of your case, and the timeline of insurance negotiations,
What Does a Motorcycle Accident Lawyer Do?
If you’ve been in a motorcycle accident, a motorcycle accident lawyer can advocate for your rights, guide you through the
Understanding Head Injuries from Car Accidents
If you’ve suffered a head injury in a car accident, you’re not alone. According to the Centers for Disease Control
Trailer Detachment Accidents
Common Causes of Big Truck Accidents Sharing the road with large commercial trucks can be scary. After all, a fully loaded
Understanding Self-Driving Truck Crashes in Arkansas
Self-driving trucks have arrived.. Even as legislation lags behind, driverless trucks are hitting the roads in Texas, Florida, and Northwest Arkansas
Your Ultimate Guide to Motorcycle Safety Gear
As a motorcyclist, there’s little standing between you and the open road. Thrilling as this may be, it’s also dangerous —
Common Causes of Motorcycle Accidents
Motorcyclists in Arkansas face a variety of obstacles, challenges, and risks when riding on the road. However, the most common risk
Where Do Most Motorcycle Accidents Occur?
In 2016, motorcycle accidents increased across the United States by 5.1 percent according to the National Highway Traffic Safety Administration. These
Determining Fault in a Trucking Accident
If you’ve been injured in a trucking accident in Arkansas, your life may never be the same. Trucking accidents are serious
Common Injuries Muscle Damage
A muscle strain is a common injury that can arise after a car, truck, workplace, or motorcycle accident. Car accidents are
Arkansas Motorcycle Helmet Laws
Arkansas is home to more than 76,000 motorcyclists for good reason. Bikers here enjoy beautiful winding scenic rides during a large
Spinal Cord Injury Lawyers Little Rock, Arkansas
Common Injuries from Car, Motorcycle, Truck and Workplace Accidents A spinal cord injury can devastate your life in seconds, leading to
What to Do After a Motorcycle Accident
The aftermath of a motorcycle accident is chaotic. You may face serious physical injuries, mental trauma, and financial hardship. You
Motorcycle Accidents vs Car Accidents
An open road is a dangerous place. At any given moment, there are 218 million cars, large trucks, and motorcycles