Motorcycle Accident Lawyer Charlottesville, VA
As a motorcycle accident lawyer, there are two questions we get asked on a daily basis. These are:
- How much is my motorcycle accident claim worth? And,
- How long will it take to settle my motorcycle accident case?
Questions like these are inevitable, especially when you’re pursuing compensation for your injuries and financial losses. Furthermore, you may want to know whether it is worth your time to file a claim in the first place.
Honest Answer To You
Lawyers pride themselves in their honesty with clients, and when it comes to telling you how long it will take to settle your motorcycle accident claim, they must say there is no formula to tell you, nor is there any codes, laws, or legal schedules that can help. Therefore, it is impossible to provide you with a sum, value, or estimated period of time when you call for your case review. If any lawyer or other legal professional has promised to resolve your claim by a specific date, it may be in your best interest to walk away and find a new motorcycle accident lawyer.
Until your attorney knows all of the facts and elements of your case, they believe it is unethical, impossible, impractical, and even misleading to suggest a guaranteed or “probable” estimate for settling your case. Rather than discussing with you dates and timeframes that have no real meaning, a reliable motorcycle accident lawyer Charlottesville, VA offers should discuss your case details to identify all potential factors that could result in delays, obstacles, challenges, or your overall eligibility for compensation. Examples of these factors may be:
Statute of Limitations – All states have statute of limitations to file a personal injury claim, which includes motorcycle accidents. These laws set a specific period of time you have to file a claim or lawsuit. The time limit you have will largely depend on the type of accident and your damages. In general, you will have 1- 2 years to file a claim from the date of your accident. If the crash caused a death, the statute of limitations usually begins on the date of the death rather than the date of the accident (if this date varies). Filing past the statute of limitations could result in the court dismissing your case. Bare in mind, if any government entity was involved, the statute of limitations may be significantly less – typically between 30 and 90 days.
Negligence – Regardless of whether you are filing a personal injury or wrongful death claim, the outcome of your case will depend on the cause of the accident and the percentage of liability the alleged at-fault driver is found to have. Sometimes it will take copious amounts of time and investigation to identify the at-fault party, and their reason for being negligent.
Court Orders – Between 85% and 95% of all motorcycle accident claims are settled out of court. In fact, some jurisdictions will mandate that victims and their defendants participate in out of court negotiations before a trial could be considered. If negotiations fail, a judge may order additional mediation or conferencing. If still an agreement cannot be found, a trial may be scheduled. In the later scenarios, the time to settle your case may be significantly prolonged.
Contact MartinWren, P.C. for their insight into personal injury claims and how long a motorcycle accident case can take.