At least 5,932 motorcyclists in Florida lost their lives in road accidents in 2021. Shockingly, the numbers were the highest since 1975.
Of course, there were numerous reasons behind these accidents, and many times, people other than victims were at fault.
Do you know when someone else is responsible for the accident, the victim or their families are entitled to compensation? Also, there’s a time when you file a case after an accident. A Florida motorcycle accident attorney can help you understand more.
But a common question that almost all victims have is: How long can a motorcycle accident lawsuit take?
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What is the time period of a motorcycle accident lawsuit?
The time period of a motorcycle lawsuit can vary vastly depending on different factors, including –
- the complexities involved in the case,
- the legal process, and
- jurisdiction.
You need to know that the legal processes are extremely complex and can take many months and even years to resolve.
Some cases are easier to settle quickly out of the court, while others can take longer.
It is always good to take advice from a motorcycle accident attorney who can estimate your case’s specifics.
The phases involved in motorcycle accident lawsuits
These are the essential phases through which motorcycle accident lawsuit progresses –
1. Hire an attorney for the Consultation
You can start by meeting a lawyer to talk about the entire scenario of an accident.
The lawyer will help you make an informed decision regarding if you can –
- win the case,
- explain the legal complexities and
- discuss what can happen.
It also helps you decide whether you want to hire a lawyer or not. Further, the entire process can take about weeks.
2. Filing a complaint and doing an investigation
With the help of a lawyer, you can thoroughly investigate what has happened.
They will do the following for you –
- collect the evidence for you,
- talk to the witnesses, and
- consult with the experts.
Further, the motorcycle accident lawyer in Florida can officially start by filing a complaint. It usually takes between 1 and 3 months for the entire process.
3. Discovery phase
It starts when everyone involved in the case shares the information regarding the case. It can include the documents, what witnesses saw, and the lawyer’s opinion.
The stage is very important, and it usually lasts between 3 and 6 months.
4. Settlements and the negotiations involved
Once both sides get an idea regarding the information, they try to agree on the compensation that needs to be paid without going on a trial.
Sometimes, it can be quick, and other times, it can take a long. The entire thing depends on the case and the injuries, so it can take up to a month or more.
5. Going for the trials.
If the parties do not agree, the case can go to court, where both sides will tell their story to the judge or jury.
The lawyers will decide regarding what has happened, so the entire process can take different times but lasts between 3 to 6 months.
Factors Affecting The Duration of Your Motorcycle Accident Lawsuit
The duration of a motorcycle accident lawsuit can differ depending on three key factors –
- The complexity involved in the case
- Legal process and procedures
- Jurisdiction
Case Complexity
The duration of the case involved in the motorcycle lawsuit depends on the complexity of the case.
It includes various factors such as parties involved, the injury types, and the damages done. Cases that are more complex include severe damages and more parties with longer time periods.
Legal Processes
The duration is affected by the different stages, such as –
- Filing complaints,
- Negotiations to be made
- the discovery of the evidence phase, and
- the trial, if needed.
Each stage has unique demands for the procedure and time requirements.
The process starts within four years of the accident when a complaint is filed in Florida.
It was then followed by the discovery phase, which takes about six months to a year.
Negotiations for the settlement can extend from a few weeks to various months.
If it is not resolved, then the case can go for a trial, adding more days to the trial period.
The entire process depends on the case’s complexity.
Jurisdiction
The jurisdiction can impact the duration of the motorcycle accident lawsuit.
You need to know that different legal environments, processes, and timelines depend on the states and districts.
Those can add an extra layer of variability to the overall duration.
For example, jurisdictions with more complexities involved can enhance the time frame for obtaining a trial date.
Those with different evidence or proof can make changes in the time needed to prepare and present a case.
How to Speed up the Lawsuit Process?
Documentation is necessary after a motorcycle accident and every piece of evidence you collect matters for the legal process.
Efficient Documentation
You need to know that thorough and organized documentation plays an essential role in the speedy lawsuit process.
You need to have all the necessary records, statements, reports, and photographs available to get rid of unnecessary delays.
It can help in building a stronger case that allows for a smoother investigation through legal stages.
Availability and Responsiveness
You need to stay responsive and available for attorney’s inquiries and requests, which is essential.
It ensures no unnecessary hurdles can occur, and it can significantly contribute to a favorable and quicker resolution for the legal proceedings.
When to Expect Compensation?
You need to have a clear understanding regarding when to expect compensation. Typically, you receive the compensation after the lawsuit.
You need to maintain regular communication with your attorney during the ongoing process.
The duration for the compensation of a motorcycle accident claim can vary depending on various factors, such as –
- Willingness of the parties
- Complexities in the cases
- Court schedules
- Appeals
It can take about six months to a year from the date of the incident. For more accurate estimates, you can consult a motorcycle accident attorney to know when you can get the compensation.
