How Long Does a Motorcycle Accident Lawsuit Take?

If you’ve been injured while riding or by someone else riding a motorcycle, a Phoenix motorcycle accident lawyer like Gage Mathers can assist. We’ve helped accident victims in Arizona recover tens of millions of dollars over our fifty years as a law firm.

How long a motorcycle accident lawsuit takes can depend on several factors. Some lawsuits are settled quickly, and some are not. When neither side can agree, a case may go to trial, which can take months, a year, or even longer. 

In most cases, the goal is to reach a fair settlement quickly. If that doesn’t happen, we’ve outlined the next steps for a lawsuit, up to and including trial. 

More Negotiation is Always an Option

Insurance companies will often nickel and dime their customers at every opportunity. However, when presented with adequate evidence and a fair offer from a reputable lawyer, they will often settle. Lawsuits are expensive for an insurance company. If they can settle out of court, everyone benefits. 

During these negotiations, attorneys will work to find additional evidence that can change fault determinations, increase medical bill payouts, and get money for future pain and suffering. If the insurance company still refuses, a lawsuit may be the only option. Even once a lawsuit has been filed, however, it still may still be settled before it reaches the courtroom. 

How Does a Lawsuit Work?

When a lawsuit is filed, a predetermined process begins. Here are the steps:

The Discovery Phase

In discovery, all of the evidence gathered regarding the accident gets shared between both parties. A qualified motorcycle accident attorney will take depositions and statements from witnesses, police officers, and others. The insurance company and their attorneys will do the same. 

This process is lengthy; it often takes at least a few months. In cases of extreme complexity in which accidents need to be recreated by experts or there are multiple professional agencies involved, discovery can take a year or longer. 

Pre-Trial Motions and Negotiations

If either party is determined to go to trial, a trial date will be set. The date of the trial is set based on the court’s availability. Either side may delay the trial date for a variety of reasons, and it may change several times. Motions may also be filed with the court that can change how and where the trial is conducted. 

As the trial date nears, the insurance company lawyers may change course. They might study the mountain of evidence before them and decide they cannot win at trial. If this happens, they may attempt to settle again. This time, the amount is likely to be increased substantially. If an agreement still can’t be struck, the trial will start. 

The Trial Process

Trials are not always the jury trials seen in movies. They can be a judge or a jury trial. Whoever is being sued gets to choose. If a jury is involved, the trial will take longer, due to the need to select a jury acceptable to both parties. 

Once the trial begins, it can last a single day or several weeks. The length of a trial depends on the complexity of the case and the evidence presented by both sides. Additional time is taken up by sworn testimony from witnesses, accident victims, accident experts, and insurance adjusters. 

Once both sides have rested their case, it is up to the judge or jury to decide. Either side may file an appeal if they lose, which can mean additional time in court. 

Getting a Fair Settlement

Clients often ask what the average settlement for a motorcycle accident is. In reality, there is no average. Settlement amounts are calculated based on various factors, such as medical bills, lost wages, vehicle value, and future disability payments. 

In cases of life-altering injuries or death, amounts can easily reach six or seven figures. This is why having an experienced attorney is so important. In initial negotiations, insurance companies will offer to pay for the treatment received after the accident, the vehicle value, and not much else. 

By demonstrating in court the life-changing financial consequences of the accident, a fair award can be earned. Fair awards are important because they can help pay for future care and ensure you and your family are taken care of. 

Here at Gage Mathers, we treat every client like family. We deeply understand Arizona accident law and will work tirelessly to win your case. Reach out to us today and see how we can help you get the money you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile