How Long Does a Motorcycle Accident Lawsuit Take?

By Greg Kohn

How long a motorcycle accident lawsuit will take depends on several factors. Some of the items are within your control or your lawyer’s control, but other factors are not. Things that happen before the lawsuit gets filed and others that occur during the case can affect the time it takes for the lawsuit to get resolved.

A New Jersey motorcycle accident attorney can talk to you about what you can expect in your motorcycle accident lawsuit. When you work with a lawyer on your injury claim, you can rest and focus on getting better while the attorney fights your legal battles for you.

How Your Medical Treatment Can Impact Your Lawsuit

You should not settle your motorcycle accident injury claim before your complete your medical treatment, but you might need to file your lawsuit before that time. Every state limits the amount of time a person has to bring legal action seeking compensation from the person whose negligence injured them. If you miss the deadline, you can lose the right ever to get money for your losses.

Your lawyer might have to file the lawsuit by a particular date to protect your legal rights, even if you have not finished all of the prescribed treatment for your injuries. The amount of your medical bills and any permanent impairment or disfigurement from your injuries will be factors in calculating the monetary value of your claim.

If you have not yet completed your therapy or procedures, you do not know how high your total medical bills will be or if you will need additional intervention like surgery. Imagine how you would feel if you settle your case too early, and later, your doctor tells you that you need an operation to restore full function or range of motion. The negligent person who caused the motorcycle wreck will not have to pay your additional medical expenses, and your other insurance is unlikely to help.

Also, if you settle before you realize that you will have ongoing problems because of your injuries, you will not get more money from the defendant or his insurance company. Settling too early can cost you plenty. For these reasons, the amount of time that your medical treatment lasts can affect how long your motorcycle accident lawsuit takes.

Your New Jersey Motorcycle Accident Lawsuit Can Settle at Any Point

Most lawsuits settle without the need for a trial. Your personal injury lawyer can continue negotiating with the other side while the lawsuit is pending and even during the trial. You do not lose the possibility of a settlement when the litigation begins.

The Court’s Calendar and Backlog

The pre-trial stages of a lawsuit can take quite a few months or even a year or longer. The attorneys have to attend hearings at the court, file court papers called pleadings, give each other relevant documents, and do other tasks to get the case ready for trial.

Let’s say that the lawyers have completed all of the pre-trial steps of taking depositions, exchanging documents, and performing other types of discovery in preparation for trial. You might have to wait many months after that point before the case reaches trial because of the court’s trial calendar and the backlog of cases. The lawyers cannot do anything about that problem, but they can continue the negotiations in hopes of reaching a settlement.

A New Jersey personal injury attorney can negotiate with the defendant’s liability insurance carrier on your behalf and work tirelessly to go after all the compensation you deserve for your losses. Get in touch with our office today.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.