Battle Born Injury Lawyers | April 7, 2023 | Motorcycle Accidents
Unfortunately, motorcycle accident victims often sustain serious injuries. Motorcycle helmets and protective clothing can reduce the risk of severe injuries, but they cannot prevent all injuries when a motorcycle is struck by another vehicle.
Riders are entitled to compensation for their economic and non-economic damages under Nevada personal injury laws. Most motorcycle accident claims are settled with the at-fault driver’s liability insurance company. All Nevada drivers must have minimum amounts of auto insurance.
However, the minimum insurance requirement of $25,000 for bodily injury might not compensate a rider for all damages for a motorcycle accident personal injury claim. Under those circumstances, the rider might consider filing a motorcycle accident lawsuit seeking additional compensation from the driver who caused the motorcycle crash.
How Long Does a Motorcycle Accident Lawsuit Take in Las Vegas, NV?
All motorcycle accident lawsuits begin with the motorcycle accident itself. Each case is unique. The facts and circumstances impact how long it takes to get a motorcycle accident settlement check in Las Vegas.
Some cases might settle within a few months. However, other cases might take more than a year to settle, even if they do not go to court.
Factors that can lengthen the time it takes to settle a motorcycle accident claim include:
- The rider sustains catastrophic or life-threatening injuries, which lengthens the duration of their recovery
- The rider sustains a permanent impairment or disability
- The insurance company for the other driver disputes liability for the claim
- The motorcyclist could be partially to blame for causing the accident, thereby raising issues of contributory fault
- The accident involves multiple vehicles
- The parties involved in the accident
The best way to know how long it might take to settle your motorcycle accident case is to talk with a Las Vegas motorcycle accident attorney. An attorney evaluates your case during a free consultation, explains your legal options, and the general timeline for cases with similar factors.
Common Timeline for Motorcycle Accident Lawsuits in Las Vegas, NV
All lawsuits progress at their own pace. The timeline depends on the facts and circumstances of the case. Outside factors can impact the timeline, such as the insurance company involved, the court’s schedule, and the attorney you hire.
Common steps in a motorcycle accident lawsuit include:
The Motorcycle Accident
After the motorcycle crash, seeking medical treatment as soon as possible is crucial. You need to establish a link between the accident and the cause of your injuries.
Hire a Nevada Motorcycle Accident Lawyer
Talk with a motorcycle accident attorney in Las Vegas about your case. Your attorney will handle all aspects of your case, including:
- Investigating the cause of the motorcycle crash
- Gathering evidence to prove causation, fault, and liability
- File insurance claims and handle all communications with the insurance company
- Document your damages to determine how much your claim is worth
- Hire accident reconstructionists, financial professionals, medical specialists, and other expert witnesses as necessary
Insurance companies try to blame motorcycle riders for causing the crash to avoid paying claims. It is best to refer the insurance company to your lawyer instead of discussing the claim with an insurance adjuster.
After you complete medical treatment, your attorney drafts a settlement demand letter. The letter demands a specific payment for your motorcycle accident claim. Generally, the demand letter begins bank-and-forth negotiations.
Here are a few things to keep in mind. Settling your case before you complete medical treatment can result in a much lower settlement amount. An insurance adjuster might pressure you to accept a settlement offer before you complete treatment or talk with a lawyer.
If you accept a settlement agreement, you release all claims for the accident. Therefore, it is always in your best interest to talk with a personal injury lawyer before accepting an insurance settlement offer.
If the insurance company negotiates in good faith, your lawyer might be able to settle your claim quickly after you complete treatment. However, the negotiation process could take a while if the insurance company disputes their driver is liable for damages or argues about the value of your damages.
Filing a Motorcycle Accident Lawsuit
If you do not settle with the insurance company, your lawyer discusses whether to file a lawsuit. If you proceed to file a lawsuit, the steps in a personal injury lawsuit include the following:
- Filing pleadings
- Settlement negotiations and/or mediation
- Pre-trial motions
A motorcycle lawsuit typically takes at least a year to go to trial after filing the lawsuit. However, this is a general timeline. Some cases could move faster or slower.
Contact a Las Vegas Motorcycle Accident Lawyer for Legal Advice
Before filing a motorcycle accident lawsuit, discuss your case with an experienced motorcycle accident attorney. A lawyer can help you evaluate the pros and cons of filing a lawsuit versus accepting a settlement agreement.
If you or a loved one were injured in an accident in Las Vegas and you need legal assistance, contact our motorcycle accident attorneys at Battle Born Injury Lawyers and schedule a free consultation with our legal team.