How Long Does a Motorcycle Accident Lawsuit Take?

December 13, 2023 | Ed Bernstein
How Long Does a Motorcycle Accident Lawsuit Take?

There is no single accurate answer for how long a motorcycle accident lawsuit will take. Each case is different, and a case can take weeks, months, or multiple years to complete.

Several factors can affect the timeline of your motorcycle accident case. The most glaring factor is whether your motorcycle accident lawyer secures a settlement or your case instead goes to trial. A trial generally takes far longer than a settlement, which can significantly extend your case’s completion time.

What Determines How Long a Motorcycle Accident Case Takes?

How Long Does a Motorcycle Accident Lawsuit Take

Your case may come with many unforeseen, time-consuming challenges that are impossible to predict. Therefore, no lawyer will ever give an exact estimate for completing your case. They will only work to resolve the case as quickly as possible.

Some predictable factors may affect the duration of your case, and these considerations include:

Whether Insurers Process Your Claim Swiftly

Most motorcycle accident cases begin with an insurance claim. Before determining whether to file a lawsuit, your motorcycle accident lawyer will see the claims process through.

If there are delays in the claims process, this can prolong the entire timeline for your case. Your lawyer will press the insurance company to resolve your claim promptly.

Whether Insurers (or Other Liable Parties) Negotiate in Good Faith

Auto insurance providers do not always negotiate in good faith.

If it is in the insurer’s financial interests to do so, the company may:

  • Deny your claim
  • Refuse to recognize certain losses as covered
  • Claim that one or more of your injuries occurred before the accident
  • Claim that you (or your lawyer) are requesting more compensation than you deserve
  • Offer a lowball settlement
  • Initially refuse to negotiate in good faith

While an attorney can overcome these challenges, each bad-faith tactic can lengthen the time required to resolve your claim.

While most motorcycle accident claims end with a settlement, some settlements require more time and persistence than others.

How Long Your Injuries Take to Heal

If your injuries have yet to heal, your attorney may need to wait for you to reach a state of maximum medical improvement (MMI). Otherwise, knowing your future medical costs, caregiver expenses, and work losses can be challenging.

In some cases, such as when a motorcyclist has disabling injuries, an attorney may need to project future care costs.

They may do so by:

  • Working directly with your doctors
  • Hiring their own medical experts
  • Accounting for all of the future medical services you are likely to need
  • Creating a comprehensive, detailed account of your future damages
  • Over-estimating the costs to ensure you don’t pay out of pocket for future medical services

Your attorney must ensure you don’t pay for any accident-related damage out of pocket. They will speak with you about how they plan to achieve that goal, whether it means waiting for you to recover or projecting your future costs.

How Expensive Your Damages Are

The monetary value of your damages may affect the following:

  • How long it takes your lawyer to calculate the value of your damages
  • How hard do liable parties fight against paying your damages

Some traffic accident victims have damages that cost six or seven figures. An insurance company or other liable party may fight tooth and nail to avoid paying such a large sum. When liable parties fight, plaintiffs sometimes wait for their case to be complete. 

Whether Your Lawyer Files a Lawsuit

If your lawyer negotiates an acceptable settlement with the insurance company, a lawsuit may not be necessary. If insurers disagree with your settlement demands, your attorney may need to file a lawsuit.

While your lawyer can still negotiate a settlement after filing a lawsuit, the process of filing the lawsuit will likely prolong your case.

Whether Your Case Goes to Trial

Once your lawyer files a lawsuit, they may:

  • Exchange evidence with liable parties (which will likely include an insurance company)
  • Prepare for the trial that lies ahead 
  • Continue negotiating a settlement with liable parties

When your attorney files the lawsuit, liable parties may realize your attorney fully intends to go to trial. Your lawyer may have called the insurance company’s bluff in this sense. Therefore, an insurance company may finally agree to your settlement demands.

Trial May Be a Necessary (But Time-Consuming) Part of Your Case

Motorcycle Accident Lawsuit

If your case goes to trial and your lawyer does not negotiate a settlement before the trial starts, your case may take longer than most.

A trial will require your lawyer to:

  • Make oral arguments in your favor (possibly including opening and closing arguments)
  • Present all evidence supporting your case
  • Question any witnesses (including expert witnesses) whose testimony is favorable to your case
  • Cross-examine any witnesses the opposition calls to testify
  • Make arguments against those that the opposition makes

Lastly, your lawyer will explain your damages and ask that the jury award you a fair financial recovery. If your lawyer succeeds, the jury will award you the money you deserve.

Your Lawyer Will Explain the Pros and Cons of Going to Trial

Going to trial is a major decision, and your attorney will discuss the pros and cons of trial before taking that step. It is your case, and you will have a final judgment about accepting the best settlement offer or moving forward with a trial.

How Can I Speed Up My Motorcycle Accident Case?

Hiring a lawyer can complete your case as quickly as possible.

While a lawyer cannot guarantee that their services will lead to a quicker settlement or verdict, a lawyer can:

  • Dedicate the time your case requires: A lawyer’s job is to represent clients like you, so they have the time your case requires. A dedicated legal counselor may lead to a quicker resolution.
  • Use their experience in your favor: Because attorneys are already familiar with car accident claims and lawsuits, they should not waste a minute completing your case.
  • Rely on their firm’s resources to build your case: You won’t just hire a lawyer. You will also have the support of paralegals, investigators, and other firm legal team members. This team-oriented approach may help your lawyer build your case quickly.

A lawyer can also build the type of case you deserve.

Law firms offer:

  • Complete financial support for your case, as you will not pay any out-of-pocket cost to hire the law firm
  • An entire legal team that will protect you and fight for the compensation you deserve
  • The ability for you to focus on your recovery (because the firm will handle every detail of your case)

No case is too small for a motorcycle accident lawyer. Find motorcycle accident lawyers in your area and speak with them about your case.

What Damages Will My Lawyer Seek Compensation for After a Motorcycle Accident?

Your lawyer will demand compensation for all of your accident-related damages, which may include:

  • Damage to your motorcycle: If you face the cost of repairing or replacing a motorcycle, your attorney will insist that liable parties cover those costs. 
  • Damage to other property: Your attorney will also calculate the cost of repairing or replacing clothing, your phone, and any other property damaged during the collision.
  • Pain and suffering: Motorcycle accident victims often face immense physical pain, psychological distress, emotional anguish, post-traumatic stress disorder (PTSD), and other types of pain and suffering. Your lawyer will seek compensation for both the pain and suffering and any treatment you receive.
  • Healthcare expenses: From ambulance transport to surgery and rehabilitation, motorcycle accident victims often need extensive medical care. Your lawyer will total the cost of your accident-related medical bills and include them in your lawsuit or claim.
  • Lost income: If your motorcycle accident costs you income, bonuses, earning power, promotions, or any other work-related benefits, your attorney will include those damages in your case.

The cost of a motorcycle can cause crushing financial stress—in some cases, bankrupting expenses. As an example, a spinal cord injury can cost the victim more than $1 million in the first year after the accident. Your lawyer will demand that liable parties cover the cost of your accident, even if the cost is high.

Recoverable Damages in a Fatal Motorcycle Accident Case

Motorcyclists face a greater-than-average risk of dying in traffic accidents. If your loved one passed away due to accident-related injuries, you should seek justice for your tragic loss.

An attorney will take your wrongful death case off your hands, seeking compensation for:

  • Your grief and other forms of pain and suffering
  • Counseling and any other treatment you receive for your pain and suffering
  • The decedent’s pain and suffering
  • Lost financial support
  • Loss of the decedent’s companionship, parental guidance, support, and other non-economic value
  • Loss of the decedent’s household services, such as security, accounting help, handiwork, and assistance with chores
  • Funeral and burial expenses

Motorcycle accident victims must focus on their well-being. Allow an attorney to worry about fighting for the compensation you are entitled to. 

How Can I Find the Right Motorcycle Accident Lawyer for My Case?

While many lawyers may be capable of leading your case, you want the lawyer who best aligns with your needs and goals.

You likely want a lawyer who:

  • Will prioritize your case
  • Has relevant experience
  • Has a track record of success
  • Is part of a capable legal team
  • Is willing to take your case to trial, if necessary
  • Provides elite client service, including active communication

You may find a lawyer with these traits by:

  • Reading a law firm’s reviews: Clients know where a law firm delivers and where the firm falls short. Try to find honest public reviews of a law firm to see how former clients feel about a law firm.
  • Reviewing a law firm’s case results: While client service is important, law firms are most judged by their financial results. Some law firms publish their case results on their websites. While these results do not always tell the whole story of a firm’s abilities, they can be helpful during your search.
  • Speaking directly with the law firm: Motorcycle accident lawyers typically offer free consultations. Take this opportunity to speak with a law firm. It helps to ask any questions you feel are relevant and ask about the firm’s case results, culture, and client service standards.

You can find a lawyer through internet research, referrals from friends or loved ones, local advertisements, or some combination of these methods.

How a Motorcycle Accident Attorney Will Build Your Claim or Lawsuit

Your attorney will shoulder every step in your case, including:

  • Obtaining all accident-related evidence, including video footage, witness accounts, expert testimony, police reports, and photographs of vehicle (and motorcycle) damage
  • Documenting your damages, including photographs of injuries, medical records, proof of lost income, invoices for property repair (or replacement), and expert testimony about your damages
  • Calculating the cost of individual damages and creating a target settlement value
  • Leading settlement talks on your behalf
  • Reviewing all settlement offers with you
  • Taking your case to trial (and completing the trial) if necessary

Paperwork, communications, and all other responsibilities will also fall to your lawyer.

Is It Expensive to Hire a Lawyer?

No. It costs you nothing out of your pocket to hire a lawyer. Motorcycle accident attorneys typically only get paid if they win your case.

The lawyer fee will come from any settlement or verdict the lawyer gets for you. This is why you will face no direct cost to hire your lawyer.

Do Not Wait to Find Your Motorcycle Accident Attorney

There are filing deadlines for motorcycle accident lawsuits. Once you miss the deadline, obtaining any compensation can be impossible or highly challenging. Further, you want a law firm to begin building your case when evidence is still fresh and available.

Be sure to find a Las Vegas personal injury attorney you feel comfortable hiring right away. They will start your case as soon as possible. Just as importantly, your lawyer will work to complete your case as quickly as possible.

Schedule a Free Initial Consultation Today!


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.