How long does it take to settle a motorcycle accident injury claim?
It can take anywhere from as little as an estimated 6 months to several years to settle a motorcycle accident claim before going to court. The time it takes to resolve your motorcycle accident injury claim depends upon the facts of your case, including the severity of injuries, future prognosis, out-of-pocket costs, and other factors.
This post will help you understand what happens during each phase of a motorcycle accident injury claim and how long it takes to settle one.
5 Phases of a Motorcycle Accident Injury Claim
You are likely facing your first personal injury claim, so it is natural to feel a bit overwhelmed by the process. Think of a motorcycle accident injury claim as a process that works in phases. Each phase has a specific purpose, and injury victims must remember to protect their compensation rights when interacting with opposing parties, witnesses, and insurance adjusters.
Below, we have outlined each phase of the motorcycle accident injury claims process and projected length of time:
Phase 1. Medical Treatment
- Phase 1 Length: One day to a lifetime
The medical treatment phase may run concurrently throughout the duration of your claim. This article assumes that you already made an initial visit with a physician. If you have not, then you are jeopardizing your case.
Time-saving Tip: Ensure that you follow your doctors’ orders explicitly. Do not deviate away from their care plan for you in any manner. Otherwise, you can negatively impact or delay the outcome of your case.
For more information about this period, check out my article, “5 Steps to Take After a Motorcycle Accident in New Mexico.”
Phase 2. Filing Your Motorcycle Accident Injury Claim
- Phase 2 Length: Ideally, within 15 days of your accident
Upon hospital discharge, your next step is to file a motorcycle accident injury claim. Execute this step as soon as reasonably possible and review your insurance policy for crucial deadlines. Missing these deadlines can result in a settlement reduction or claim denial.
If the insurance company does not pay what your case is worth, the process proceeds to phase three. Otherwise, your motorcycle accident injury claim is considered to be resolved once you accept the offer and sign a release.
Time-saving Tip: Insurance companies will always try to offer you less than you deserve. Speak with a personal injury lawyer about your injuries, even whiplash and road rash, before filing your claim. We exist to protect your settlement, and most of us offer a free consultation so that you can consider your options.
Phase 3. Initial Investigation
- Phase 3 Length: Up to 30 days
Insurers notoriously low ball settlement offers. If you have done so already, this point is where you should consider hiring a lawyer. The investigation phase is more challenging than most injury victims can bear.
Plus, lawyers have access to legal and financial resources that work toward proving the insurer owes you more money. We have training in advanced investigative techniques that can add value to your case.
Time-saving Tip: Did you know that people heal up to 25% faster if they lower their stress? Speed up the time it takes to heal by letting a personal injury lawyer take on the stress of your claim so that you can concentrate on your health.
Phase 4. Negotiations
- Phase 4 Length: Up to 3 years
After the initial investigation, your lawyer may eventually negotiate a settlement with the at-fault party’s insurance company. We will issue a settlement demand, and the insurance company must answer with their first offer shortly after that. It may take weeks, months, or even years to reach a negotiated settlement.
Your lawyer will not accept a settlement that is less than you deserve, but they will be open and honest with you about the risks of going to trial and what they believe is the best option for your case. However, there are time limits on negotiations due to New Mexico’s statute of limitations deadline.
Time-saving Tip: Respond to all requests for more information as quickly as you can. If you struggle with a specific task or have questions, raise these issues with your attorney rather than let them linger in the background.
Phase 5. Civil Lawsuit
- Phase 5 Length: Years
As a last resort, your motorcycle accident injury lawyer may recommend going to trial if your case is a good candidate for a trial. This approach can be the most practical choice if you do not get the money the insurance company owes you under New Mexico law.
A civil lawsuit has several subphases, including discovery, mediation, and the trial itself. If your case goes to trial, a judge or jury will decide its outcome, including compensation amounts. However, it is also worth noting the more than 95% of injury cases settle before ever going to trial.
Time-saving Tip: Hire a personal injury lawyer that has trial experience from the beginning. You will not have to find a new lawyer if your case gets to this point.
Injured in a New Mexico Motorcycle Accident? Call for a Free Consultation
So, how long does it take to settle a motorcycle accident injury claim? Only a legal opinion and time will tell.
Protect your case from the beginning. Connect with Grano Law Offices, P.C. for a Free Case Evaluation to learn more about your options and rights after a motorcycle accident injury in New Mexico. Schedule yours by calling us at (505) 426-8711 or send us a message via the contact form below.
