After your motorcycle accident, everything feels like it stops, except your pain, bills, and worries. While you’re focusing on healing, you’re also forced to confront medical costs, missed time at work, and a lingering uncertainty about what comes next. You may have thought the insurance company would step up quickly, but instead, you’re met with delays, lowball offers, or silence.
At Guajardo Injury Law in Austin, we have decades of experience guiding injured motorcyclists through the legal process as these accidents have been becoming more frequent in Texas over the past few years. This article breaks down what you can expect at each stage of a motorcycle accident lawsuit, from the moment of your crash to the resolution of your case, so you’re fully prepared and never left in the dark.
Initial steps: Days to weeks after the accident
In the first days or weeks after your accident, your focus should be on your health and documentation. Here’s what usually happens:
- Medical treatment: Seek immediate medical care, even if your injuries seem minor. Documentation from hospitals and specialists will be crucial.
- Evidence gathering: Photos of the crash, police reports, witness information, and proof of damages (e.g., motorcycle repair estimates) should be preserved.
- Hiring an attorney: The sooner you contact an motorcycle accident attorney, the better your case can be positioned from the start.
This stage may last anywhere from a few days to a few weeks, depending on your injuries and the availability of physical evidence. Ensure you gather all evidence as soon as possible.
Filing an insurance claim: 1 to 3 months
Most motorcycle accident cases start by filing a claim with the at-fault party’s insurance company. This step does not involve filing a lawsuit yet, but is rather an attempt to resolve your damages through a settlement.
During this phase:
- Your attorney submits a demand letter outlining your injuries, medical expenses, lost wages, and other damages. This includes the full scope of your injuries and potential losses.
- The insurance company opens an investigation and reviews your claim.
- Negotiations may begin.
If the insurance company is cooperative and your injuries are clearly documented, a settlement could be reached within 1 to 3 months.
Settlement negotiations: 3 to 6 months
If your claim includes complex injuries, long-term treatment, or disputed liability, negotiations may continue for several months. Insurance companies often try to minimize payouts, delay responses, or dispute your losses.
In this phase:
- Additional documentation or medical evaluations may be required.
- Your attorney continues negotiating to secure a fair offer.
- Some insurers may offer a low settlement early, hoping you’ll accept out of desperation.
If an acceptable offer is reached during this time, your case could be resolved within 4 to 6 months of the accident. Guajardo Injury Law aggressively advocates during this stage to help you avoid unnecessary delays or undervalued offers.
Filing a lawsuit: 6 months to 2 years after the accident
If negotiations break down or the insurer refuses to take your claim seriously, the next step is to file a formal personal injury lawsuit. In Texas, the statute of limitations for a motorcycle accident lawsuit is two years from the date of the crash, so time is critical.
Once your lawsuit is filed:
- The defendant (often the at-fault driver’s insurer) is served.
- Both parties begin preparing for litigation.
This does not mean your case will go to trial. Many cases settle after filing but before trial.
Discovery and pre-trial: 6 to 12 months after filing
After your lawsuit is filed, the case enters the discovery phase, where both sides gather evidence, exchange documents, and take depositions. This stage in a vehicle accident case often determines whether it will settle or proceed to trial.
Key steps in discovery include:
- Interrogatories (written questions you must answer under oath)
- Requests for documents (e.g., medical records, repair bills)
- Depositions (formal interviews under oath)
- Expert evaluations or accident reconstructions
This phase typically lasts 6 to 12 months, depending on the court’s schedules and the complexity of your specific case. Guajardo Injury Law ensures this process moves efficiently and that your case is thoroughly prepared.
Mediation and possible settlement: 9 to 15 months
In many cases, the court will order mediation, a formal negotiation facilitated by a neutral third party. Mediation often leads to a settlement, especially if the defense realizes your motorcycle accident case is strong and a trial is risky.
If a settlement is reached here, you could receive compensation within 12 to 15 months.
Trial and verdict: 12 to 24+ months
If your case proceeds to trial, you’ll appear in court and present your evidence to a judge or jury. This step can feel stressful and complicated, but it’s necessary when the insurance company refuses to offer fair compensation.
A trial may last anywhere from a few days to several weeks, and scheduling depends on the court’s availability. After the verdict, there may be a waiting period before you receive payment, especially if appeals are involved. Overall, if your case reaches trial, expect the total timeline to stretch to 18 to 24 months or even more from the date of your accident.
Contact us to guide you through each phase
The timeline for a motorcycle accident lawsuit varies based on the specifics of your case, the willingness of the insurance company to settle, and whether a trial becomes necessary. Some cases resolve in a matter of months, while others take years, but every step of the process matters in securing the compensation and case result that you’re owed.
At Guajardo Injury Law in Austin, we’re committed to guiding you through the process with clarity. If you’ve been injured in a motorcycle accident, contact our team today to start your case.