You have the right to file a lawsuit after a motorcycle accident. The length of time to settle a motorcycle lawsuit and receive damages depends on several factors.

The evidence, facts of your case, and the cooperation of the at-fault party’s insurance company can affect the timeline of your motorcycle accident lawsuit. Here’s what to expect when filing a claim for compensation after a motorcycle accident.

What Are the Steps in Motorcycle Accident Claim?

A South Carolina motorcycle crash attorney can discuss your legal options and how long it will take to reach a settlement based on the unique factors of your case. The duration of your lawsuit and how long it takes to receive a payout from an insurance company or a third party depends on the specific elements of your accident.

Diagnosis and treatment of your injuries

The doctor must first examine and treat your injuries before settling a lawsuit. If you suffered severe injuries from your accident and required surgery, you may need more time to recover.

Save the receipts from every doctor’s visit, correspondence for taking time off work, and every payment related to the motorcycle accident. This evidence shows the extent of your injuries and how they affect your quality of life and financial situation. The more proof you have of expenses and hardship incurred, the higher your settlement amount may be.

Evaluation of your damages

Your motorcycle accident lawyer can review evidence such as the police report, surveillance footage, pictures and videos of the crash, and witness statements. This evidence can help your lawyer assess your damages for medical expenses, pain and suffering, and other damages.

The length of time gathering evidence and evaluating your damages depends on its source. The lawyer may need to work with you to obtain your medical records from your doctor. Your attorney must also visit local businesses with security cameras to ask for the surveillance footage.

Filing a claim

In South Carolina, you can only receive compensation for your injuries and property damage if you are less than 50% to blame for the accident. If you are 51% or more at fault, you cannot recover any damages. Since most cases in South Carolina have a three-year statute of limitations for filing your motorcycle accident claim, your attorney can help gather and preserve the evidence needed to file within the deadline.

Negotiations with the insurance company

After gathering all the evidence, your lawyer will send a formal demand letter to the at-fault party’s insurance company. An insurance adjuster may take their time examining the letter and supporting documentation to decide on a settlement. The settlement process between your lawyer and the insurance company can take anywhere from a few weeks to several months.

An experienced motorcycle lawyer knows there is often room for negotiation if the insurance company offers you an inadequate settlement for your losses. Your lawyer can negotiate on your behalf and help you fight to gain fair compensation for the value of your damages and the extent of your injuries.

Should You Take a Settlement or Go to Court?

Once you’ve received an offer, you must decide if the sum is sufficient. You and your personal injury attorney must analyze the offer, considering your medical expenses, lost wages, and pain and suffering. When you accept the offer, this means you’ve closed your case. You cannot take any further legal actions because of this accident.

Otherwise, your lawyer may bring a lawsuit against the at-fault party and their insurance company. Remember that if you need to go to trial, the process typically takes longer than settling out-of-court.

A lawsuit involves many steps that may take several weeks, months, or even years to complete, from filing a complaint to discovery and depositions to mediation with a third-party lawyer for negotiations. These processes extend the time it takes to receive compensation.

Talk to a Motorcycle Crash Attorney in South Carolina

The length of time it takes to resolve a motorcycle accident claim depends on the specific details of your case. How long it takes your injuries to heal, whether they affect your quality of life, and the amount of time you take off work for recovery all factor into the value of your claim and how long the proceedings take.

The best way to settle for reasonable compensation is to work with a motorcycle crash lawyer at Joye Law Firm. Call our law office today for a free consultation to discuss your case and learn how we can help you receive a fair settlement as quickly as possible.

About the Author

Ken Harrell joined Joye Law Firm in 1994, and has been the managing partner since 2006. With 30 years of experience, he protects the rights of injured South Carolinians, including cases involving workers’ compensation, car accidents, and defective products. Ken also leads the firm’s referral practice, helping to ensure that our clients receive the best possible representation. He is a past president of South Carolina Injured Workers’ Advocates, and has served as the co-chairman of this organization’s legislative affairs committee for 12 years.

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