Depending on the details of your case, your motorcycle accident claim could be resolved in as few as six months to one year. There are many factors that could contribute to the amount of time it will take to settle your case.
After having been through a traumatic motorcycle accident, the thought of bringing your case to court or filing claims with the insurance company can seem intimidating. You might also be hesitant that the entire claims process will be time-consuming and lengthy. A lawyer from our firm can handle your case for you.
Why File a Motorcycle Accident Claim
Motorcycle accident injuries are known for being catastrophic. It is common for motorcyclists to endure traumatic brain injuries, spinal cord damage, amputation, post-traumatic stress disorder (PTSD), broken and fractured bones, and other critical injuries.
With injuries of this nature, you can expect your entire life to be affected by the accident and the injuries you sustained. When someone else’s negligence causes your injuries, you have the right to be made whole. You should be compensated for every way your life has been affected by your motorcycle accident.
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Potential Forms of Compensation
Often the only way for motorcycle accident victims to recover the compensation they deserve is by pursuing insurance claims or civil claims against the culpable party. Under IN Code § 27-7-5.1-3, you have the opportunity to recover a wide variety of economic and non-economic damages, some of which might include:
- Lost wages
- Diminished earning potential
- Medical bills
- Hospital and expenses
- Ongoing healthcare costs
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Loss of household services
- Pain and suffering
- Emotional distress
- Reputational damages
When your life has been affected in any of the previously mentioned ways, or another way that was not listed above, you may have the right to take legal action against the liable party by pursuing a motorcycle accident claim.
Although the process may seem overwhelming at a glance, the timeline may prove to be less tiresome than you previously thought.
Timeline for Settling a Motorcycle Accident Claim
Every person’s motorcycle accident case is different. Without having reviewed the specific details of your case, it is difficult to say how long it may take to resolve your motorcycle accident settlement.
With that being said, as a general rule, motorcycle accident cases can take anywhere from six months to one year before a settlement is paid out. Remember, there are many factors that could have an impact on the length of this timeline.
It should also be noted that under IC § 34-11-2-4, you will only have two years to get your motorcycle accident lawsuit filed in the Indiana civil court system.
What If You Miss Your Deadline?
Failure to file your civil motorcycle accident claim before the statute of limitations expires means you will have lost the opportunity to be awarded compensation through the Indiana civil courts.
The sooner you get started working on your case, the less likely it is that you will run into concerns surrounding a rapidly approaching statute of limitations deadline.
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Motorcycle Accident Claims Process
There are multiple factors that could play a part in the amount of time it takes to resolve your motorcycle accident settlement. It is important to understand the process for building a strong Indiana motorcycle accident claim.
Here is what to expect as you seek compensation through your motorcycle accident case, and how these processes could delay the final determination in your case.
Gathering Supporting Evidence
If your lawyer is going to build a compelling case against the liable party, we will need to have the evidence to support negligence. There are many ways we can go about gathering the evidence needed to support your case.
Speaking with experts, going over the accident with an accident reconstructionist, discussing the collision with witnesses, and analyzing any relevant forensic evidence can all have an impact on how long it takes to move forward with your case.
The more evidence we have to prove liability, the more likely it is that you will be awarded the compensation you deserve. But gathering the evidence that we will need may take time.
Filing Insurance Claims
Once we have enough evidence to move forward with your case, we can file your motorcycle accident claim. Since Indiana is a fault state for motor vehicle accidents, you will need to file a claim with the liable party’s insurance provider.
Of course, dealing with an insurance company is never easy. The more your claim is worth, the longer you can expect the insurance company to delay negotiations and an eventual payout in your case. The insurance company will lose money by paying out on your claim, so you can expect them to do everything possible to avoid this loss.
Pursuing Civil Action
Your motorcycle accident settlement could also be delayed if your case needs to go to court. In many cases, motorcycle accident victims may be able to secure the settlement they need through the insurance company. However, when this does not happen, for whatever reason, it may be necessary to bring your case to trial.
Fortunately, despite the fact that bringing your case to court means it takes longer to obtain the settlement you deserve, ultimately, going to court could result in you being awarded maximum compensation for your damages.
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Meet with a Motorcycle Accident Lawyer in Indianapolis Today
Attorney Randall Sevenish is the Lawyer Who Rides. As a motorcyclist himself, his unique perspective on your case will aim to get your motorcycle accident claim resolved as soon as possible. That way, you can obtain the funds you need to rebuild your life.
When you are ready to get started on your case, contact a dedicated Indianapolis motorcycle accident lawyer at Sevenish Law Firm, P.C. Schedule your free, no-obligation consultation by giving our office a call at (317) 636-7777.