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How long does the average motorcycle lawsuit take?

Overturned motorcycle after collision

Each year, Kansas roadways experience between 800 and 1,100 motorcycle accidents.

Most motorcycle crash claims end in a settlement, but when they go to trial the process almost always takes longer.

At Warner Law Offices in Wichita, our motorcycle accident lawyers represent a lot of injured riders every year. We understand the process and how to get things moving as quickly as possible.

Here's what you should know...

Timeframes can vary

Because every accident has a unique set of factors that are affected by various state practices, there are few estimates on the average length of time it takes to settle or reach a motorcycle accident verdict.

A general national estimate by the Court Statistics Project found that most motor vehicle accident lawsuits, including those that involve motorcycles, can take between 1 and 115 months from the time the lawsuit is filed to the eventual jury verdict or court judgment.

The median length of time it takes to complete a motor vehicle civil lawsuit is generally about 20 months.

No one wants to go through a lengthy court battle or be saddled with crushing medical debt due to someone else’s negligence.

It’s unjust the way insurance companies try to force bikers, who were just hit by a car or truck, into thinking their only options are to accept a small settlement or single-handedly fight a team of corporate lawyers in court. Don’t fall for the insurance company’s fear and stall tactics that can drag out the claim process.

Motorcycle accidents in Kansas

Since 2010, the number of motorcycle accidents in Kansas has been shrinking. Except for a one-year spike or dip here and there, the number of motorcycle accident deaths and injuries has been on a general decline.

There are typically fewer than 800 people injured in Kansas motorcycle accidents each year - down from a high of 1,163 people hurt.

After rising for three years, the number of people killed in motorcycle accidents dropped from a high of 61 deaths to about 40 fatalities annually.

Wichita recently experienced its first motorcycle fatality of the year when at the end of March, a 29-year-old city resident on a stopped motorcycle was pushed into oncoming traffic after a distracted driver rammed a car into him from behind.

Steps involved in the trial process

If you are injured or a loved one dies in a motorcycle crash, you may want to pursue a lawsuit to hold the at-fault driver accountable.

Here are the steps typically involved:

Step 1. Contact an attorney. Most personal injury lawyers, including Warner Law Offices, offer free case consultations to people injured in motorcycle accidents. Let a lawyer review the details of your case so you can understand your legal rights and options. Most if not all personal injury attorneys take cases on a contingency fee basis, which means you don't have to pay legal fees unless they secure financial compensation on your behalf.

Step 2. File a claim. If your case has merit, your attorney can file a claim with the at-fault party's insurance company. The majority of injury claims are settled out of court within 30 days to 6 months after the accident. If the insurance company is being unreasonable and disputes your claim or won’t budge from a lowball settlement, it’s time to file a civil lawsuit in court.

Step 3. Discovery. Once your lawsuit is filed in court, attorneys for the plaintiff (you) and the defendant (the at-fault driver’s insurance company) will exchange information about the accident. Sharing all the information and documents of the case can take months to complete.

Step 4. Trial. If no settlement can be reached, your attorney will present evidence such as crash reports and medical records, witness statements, expert testimony, and other facts to support your claim. Lawyers for the insurance company will do their best to blame you for the accident or downplay the severity of your injuries.

Step 5. Verdict. Depending on the specific details of your case, you may be awarded compensation for medical costs, lost wages, loss of earning capacity, your pain and suffering, property damage, and in certain cases, punitive damages.

No case is too tough for Warner Law Offices

Claims involving motorcycle accidents are complicated, but Warner Law Offices has the experience you need to win. No case is too tough for our legal team.

In fact, at Warner Law Offices our team has extra firepower - one of our lead attorneys, Anne H. Pankratz, is a medical professional. As a registered nurse and board-certified attorney, she understands injuries in a way most lawyers do not. As a result, Attorney Pankratz makes arguments that the insurance companies simply can’t dismiss.

Meanwhile, attorney Thomas M. Warner Jr. is a precedent-setting lawyer who successfully argued to remove the maximum cap on non-economic compensation for Kansas accident victims. In 2019, the state’s Supreme Court agreed with Attorney Warner that putting a limit on damages is an unconstitutional infringement of the right to trial by jury.

If you or a loved one has been injured in a motorcycle accident, see what our law firm can do for you and contact us today for a free consultation. Our firm is located in Wichita and we proudly serve clients throughout Kansas.

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