When you’re involved in a motorbike accident that’s not your fault, it’s normal to seek a settlement for your damages. If it’s a motorcycle accident, your motorcycle accident attorney will help you file the claim so you can get compensation for damages. If the claim turns out unsuccessful or there are changes in circumstances, you might need to file a lawsuit. The lawsuit would be against the person involved and not the insurance company. Most times, when the fault is agreed on, the insurance company of the person at fault would try to reduce compensations.
The settlement outside court is called an informal settlement, and most disputes are resolved this way. It is usually a type of negotiation that ends with a written agreement of both sides forgoing further actions. When you enter into negotiations with your motorcycle accident attorney, it’s common to have different ideas with the other side about fair compensation. In times like these, the claim can be changed to a lawsuit when the claim is not agreed on.
What Happens When an Accident Claim Becomes a Lawsuit?
There are time limits for when you can file a lawsuit after an accident occurs. If negotiations continue for long and become problematic, you can simply file a lawsuit within years of the accident. At this stage, a motorcycle accident attorney will lead you through all the necessary processes. This phase includes finding facts, collecting records and essential documents. All these are required before you can head to the courtroom. A lawsuit takes more time, money and comes with more stress; this is why most people prefer settlements. However, when a settlement doesn’t seem to be in the picture, the case will go to trial, and the court will be charged with making a decision.
When an accident becomes a lawsuit, the plaintiff usually files the complaint of the lawsuit to begin. A copy of this complaint is then served to the defendant, and the defendant answers the complaint. Discovery is the following process that takes place. This phase is when information is requested and exchanged by both sides as evidence at trial. The trial then occurs, and if one of the parties isn’t happy with the court’s decision, an appeal is possible. There are different levels of appeal that could add to the length of a case. The whole process could take years, but a reasonable motorcycle accident attorney can help make the process easier.