How long does a Michigan motorcycle accident case take?

In my experience in handling over 1,000 motorcycle accident cases, the typical length of time it takes to conclude a motorcycle injury case depends on many factors.

Without dodging the question or delaying any further, I will give you my answer: We have settled cases in as short as 90 days, but usually it is more like six months to a year and a half.  But again, it really depends.

Understanding the process may also help explain.  Before a good attorney can settle any case, he or she needs to know the full extent of all the injuries of the victim.  Often, it is not known whether a surgery may be needed until months after the crash and after the patient tried other conservative treatment methods.  

If you settle a case too soon and without knowing the full extent of all the injuries, you very likely could be ‘settling the case short.’  This means for way less value than the case is worth.  

It has been my experience that it takes about six months to make sure all of the continuing complaints and problems have been addressed by specialist and we have an accurate prognosis as what the future holds for the injured motorcyclist.  Once we have a good handle on this, we can do a pre-lawsuit demand and try to settle the case.  

If the insurance company does not offer reasonable compensation than we file a lawsuit to force them to pay more.  Having to file a lawsuit adds to the length of time it takes to resolve a Michigan motorcycle accident case.  

Once a lawsuit is filed, time is eaten up by serving the at- fault driver and owner of the vehicle involved, having the lawsuit get transferred from the driver/owner we served to a defense attorney, and waiting for the defense attorney to file an Answer.  All these things can take at the fastest 30 days and at the longest almost 90 days.

Next, the litigation enters the discovery phase.  This is where each side produces all of the evidence they have on the case and conducts depositions of anyone involved.  Judges typically order the discovery period to be around 120 days.  

After discovery we go to what is called Case Evaluation where a three-person attorney panel suggest a settlement amount.  This is another juncture where cases can often settle, but it takes you about six months of litigation to get there.

So, because you must wait about six months to know the full extent of the injuries and then if you file a lawsuit there is at least six months of litigation you can easily be looking at over a year.

We have policies and procedures to go from accident to settlement in the shortest time possible.