Following a motorcycle collision caused by someone else, the injured victims are entitled to pursue compensation from the at-fault party under M.G.L. Ch. 231, § 85. While Massachusetts is a no-fault state for auto accidents, you can step outside of the no-fault system when you have more than $2,000 in damages, have permanent or disfiguring injuries, or injuries that result in a substantial loss of sight or hearing. This means that while you generally must file a claim with your personal injury protection, you can file a claim with the at-fault party’s insurer if any of those conditions apply. How long does a motorcycle accident lawsuit take? That will depend on multiple factors.
Depending on the facts and circumstances, a motorcycle accident lawsuit can take from six months to a year or more following the collision. Except in the case of complex collisions, many motorcycle accident claims are resolved within a few months without having to file a formal lawsuit through the negotiations process. However, if the insurance company disputes liability or denies your claim, a formal lawsuit might have to be filed. The litigation process can be lengthy.
Motorcycle collisions are frequently more serious than other types of crashes. In many cases, victims suffer severe injuries that require a substantial period of treatment and recovery. To ensure you receive fair compensation for your losses, you will need to wait until you understand what your total medical expenses might be. You will also need to wait until you have an idea of how your injuries have affected other aspects of your life before you pursue your claim because these factors are key for properly valuing your claim. Your treatment and recovery will also affect how long it takes your case to settle.
If your case is complex, it will likely take much longer to resolve. In some cases, it might be necessary to pursue a formal lawsuit to recover the compensation you deserve. Your attorney will build the strongest possible case for you by investigating what happened and gathering evidence to support your claim. Your attorney will present evidence showing the at-fault party’s liability to the insurance company. If your lawyer can negotiate a fair settlement, the insurance company will ask you to sign the settlement agreement. When you accept a settlement, you will waive your right to pursue further legal action to recover damages for your losses.
If the insurance company refuses to offer a fair settlement, however, your attorney will file a formal lawsuit in court. Once the lawsuit has been filed, the defendant will have time to file a response. Then, your case will move into the discovery phase. The discovery phase can take months and might include interrogatories and depositions. Throughout this period, your attorney will continue to negotiate with the insurance company to resolve your case. However, a small percentage of motorcycle lawsuits go to trial. If your claim goes to trial, it will take much longer to resolve.
The details of your case will affect how long it might take to resolve. However, when you work with a competent and experienced attorney, your chances of recovering fair compensation for your losses will be higher. The motorcycle accident attorneys at Ellis & Associates have represented negligence victims for several decades and understand what it takes to help our clients recover the compensation they deserve. Call us today to request a free case evaluation at 800-MR-ELLIS.
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