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How Long Will It Take My Motorcycle Accident Case to Settle?

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By Yosi Yahoudai
Founder and Managing Partner

It is impossible to say how long it will take for your motorcycle accident case to settle because there are so many variables, but we can explain the factors that can affect the timing of your injury claim. Cases generally take from a few months to a year or longer. A case that goes to court can take considerably longer. Settling your claim too early could cost you a lot of potential compensation. 

Lawyers handle these cases on a contingency fee basis, which means that you do not pay any upfront legal fees. A California motorcycle accident attorney can negotiate with the at-fault party’s insurance company on your behalf and file a lawsuit if the case does not settle, and taking it to court makes sense.

Factors That Can Control When You Should Settle Your Motorcycle Injury Claim

You should do what is appropriate in your unique situation. Here are a few topics to consider before you agree to resolve your case:

  • The original treatment plan might only be the first step on your road to recovery. Your doctor might decide that you will need additional surgery, physical therapy, or other procedures to get the best result. If you already settled your case, the defendant will not have to pay any more of your medical bills. You might end up with a stack of healthcare expenses you cannot afford to pay.
  • Your regular health insurance is unlikely to pick up the later round of medical bills. Many health insurance policies exclude coverage for motor vehicle accidents.
  • You might have long-term or permanent impairment after medical science does all that it can for you. You should get money damages for residual disability. If you settle your claim before you realize that you will not heal completely, it will be too late to get more money from the insurer. Once you sign the settlement papers, you waive all rights to additional compensation arising out of the accident.
  • If you are not back on the job yet, you need to evaluate whether you will ever be able to return to work. If so, you might have to take a lower-paying job or work fewer hours because of limitations from your injuries. Lost wages, both past and future, are part of an injury claim. 

Patience can be the key to getting the settlement you deserve. Just make sure that you do not blow your entire case by waiting too long.

Do Not Get Tripped up by Missing the Deadline

California law, in CCP § 335.1, gives you only two years from the date of the accident to preserve your right to compensation by filing a lawsuit. Negotiating with the claims adjuster does not extend the deadline. If you do not settle before two years, you will lose the right to go after money damages from the person who harmed you.

A California personal injury attorney can safeguard your legal rights so that you can devote your energy and attention to getting better and rebuilding your life. Get in touch with our office today.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.