How long it takes to resolve your Fort Lauderdale motorcycle accident case depends on numerous factors, including the severity of your injuries, whether the at-fault party disputes liability, and whether your claim goes to trial.
A Fort Lauderdale motorcycle accident lawyer can streamline the process as much as possible and ensure your claim stays on track. They will negotiate with the insurance company on your behalf and fight to secure a fair settlement within a reasonable timeframe.
The General Timeline Of A Fort Lauderdale Motorcycle Accident Case
While the timeline will vary depending on your circumstances, the motorcycle accident claim process generally includes the following steps.
Collecting Evidence
Your Fort Lauderdale motorcycle accident injury attorney will begin gathering proof of liability and your damages immediately after you hire them, as some information related to the crash is time-sensitive. Potential evidence in your case may include:
- Accident scene photos and video footage
- Eyewitness statements
- Police accident report
- Medical records and bills
- Expert witness testimony
- Accident reconstruction reports
- Motorcycle repair bills or replacement estimates
- Paystubs and other evidence of your professional damages
- Testimony from mental health professionals about the pain and suffering you’ve experienced because of the crash
Gathering all this evidence can take time, but collecting as much information as possible is critical to strengthen your case.
Filing An Insurance Claim
After your Fort Lauderdale motorcycle injury lawyer has a firm understanding of your damages and adequate proof of the negligent party’s liability, they will file an insurance claim and a demand letter detailing your damages and explaining how much compensation you deserve.
Insurance Negotiations
The insurance adjuster will likely disagree with your initial settlement demand, as for-profit companies want to limit how much they pay out in claims.
If the insurance carrier’s first settlement offer is too low to cover your damages, your lawyer will make a counteroffer and begin the negotiation phase of your motorcycle accident claim. The two parties will go back and forth until they agree on a fair settlement that adequately covers your losses.
While your personal injury attorney can advise you on an offer’s fairness, accepting an offer is your decision. Accepting a settlement offer ends your case, making a trial unnecessary.
Filing A Personal Injury Lawsuit
At any point during negotiations, your lawyer may decide that filing a motorcycle accident lawsuit is in your best interests. Legal action can be a valuable bargaining chip, showing the insurance company that you are serious and won’t back down. It may also be necessary if negotiations stall and the insurer won’t make a fair offer.
Discovery
After filing a lawsuit, the discovery phase involves all parties exchanging information related to the case, such as witness statements, medical records, and other evidence.
This phase can take several months to a year, and the case may settle at any point during this period.
Mediation Or Arbitration
Some personal injury claims involve mediation or arbitration, during which a neutral third party looks at all available evidence. A mediator typically facilitates a settlement between your lawyer and the insurer, while an arbitrator issues a binding decision regarding the outcome of your claim.
Going To Trial
Most personal injury claims do not go to court. It is a time-consuming and expensive process that both sides generally want to avoid. However, if you must go to trial to secure the financial compensation you deserve, your Fort Lauderdale motorcycle accident injury lawyer will not hesitate to take your case before a judge and jury.
Details That Affect The Duration Of Your Fort Lauderdale Motorcycle Accident Claim
Several details of your motorcycle wreck claim will affect how long it takes to resolve.
The Severity Of Your Injuries
Motorcycle crash cases with more severe injuries (like traumatic brain injuries or paralysis) generally take longer to resolve because it’s best to wait until the victim reaches maximum medical improvement (MMI) before settling their claim.
After your case ends, you can’t ask for more money later—even if you incur additional accident-related expenses. So, if you settle your case before fully understanding the extent of your injuries and how much it will cost to treat them, you risk having to cover any future expenses out of your pocket.
Whether The At-Fault Party Disputes Liability
If the person who caused your motorcycle accident admits fault, your case will likely resolve faster than if they accuse you of causing or contributing to it.
For example, suppose the liable party or their insurance company claims you were lane splitting when the accident occurred (which is illegal in Florida, per Florida Statutes § 316.209). They may try to reduce or deny your claim under Florida’s modified comparative negligence law (Florida Statutes § 768.81).
Your Fort Lauderdale motorcycle crash attorney can gather evidence to minimize or eliminate your portion of liability and convince the insurer to offer you a fair settlement for your damages.
Whether Your Claim Goes To Trial
Again, it is unlikely that your motorcycle accident claim will go to court. However, it would increase the time it takes to resolve your case substantially if your case goes to trial.
A Lawyer Can Ensure Your Fort Lauderdale Motorcycle Accident Claim Stays On Track
While you can attempt to settle a motorcycle accident claim without a lawyer, we wouldn’t recommend it.
A Fort Lauderdale personal injury lawyer can’t necessarily make the motorcycle accident claim process go faster, as many factors affecting the timeline are outside of their control. However, they can use their legal experience and knowledge to ensure your case proceeds smoothly and avoids unnecessary delays.
Hiring a motorcycle injury lawyer in Fort Lauderdale can take the burden off your shoulders and allow you to take back control of your life.
Get Help From A Fort Lauderdale Motorcycle Accident Case Today
At the Law Offices of Anidjar & Levine, our legal team wants to help you resolve your Fort Lauderdale motorcycle accident case as swiftly as possible. We will handle all steps in the insurance negotiation and legal process for you while you recover from your injuries.
Contact us today for a free initial consultation and learn more about how our Fort Lauderdale motorcycle accident lawyers can help you.
We Can Help.
