Call us 24/7If a motorcycle crash injured you or a loved one in Hillsborough County, Tampa Bay or anywhere in Florida, you have a complex and potentially lengthy legal process ahead. Understanding the timeline of a motorcycle lawsuit can help you prepare. While every motorbike accident injury claim is unique, knowing what to expect reduces stress. It also helps you make informed decisions about your personal injury claim.
Important Disclaimer: This article provides general information about motorcycle accident lawsuits in Florida. It is not intended as individual legal advice.
Every case is different, and specific circumstances can impact timing. Always consult with a qualified personal injury attorney on your particular situation.
Understanding Florida’s Statute of Limitations
Florida law gives you only two years from the date of your accident to file a personal injury lawsuit. Additionally, your attorney will need to conduct an investigation and confirm certain things before the lawsuit can be filed. As such, prompt action is essential for protecting your rights. Do not wait until you are nearing the two year deadline to begin, as time is of the essence and deadlines can be missed if you do not have an experienced personal injury attorney.
Settlement Timeline vs. Trial Timeline
Motorcycle Accident Settlement Timeline (6-12 Months)
Many motorcycle crash lawsuits in Hillsborough County, Tampa Bay or anywhere in Florida solve through settlement negotiations. This is different than going to trial. Here’s what you can generally expect:
Months 1-6: Initial Investigation and Medical Treatment
- Your attorney gathers evidence, police reports, and witness statements
- Medical treatment continues, and documentation of injuries begins
- Attorney may send an initial demand letter to insurance companies
Months 7-9: Demand and Initial Negotiations
- Attorneys will compile complete medical records and bills
- Formal demand letter sent to at-fault party’s insurance company
- Initial settlement negotiations begin
Months 9-12: Negotiation Process
- Back-and-forth settlement discussions occur
- Attorneys may request more medical documentation
- Insurance companies may request additional information
- Attorneys may schedule mediation to come to agreement
Months 12+: Final Settlement
- Attorneys negotiate final settlement terms
- Attorneys draft settlement agreements to sign
- Insurers distribute funds to cover medical bills, attorney fees, and client compensation.
Litigation Timeline for Motorcycle Lawsuits (12-18 Months)
When settlement negotiations outlined above fail, your motorcycle lawsuit begins. Some lawsuits result in settlement and some result in a trial. The decision of when and if to settle your case is complex and varies by case. Many cases resolve at some point in the litigation process, before it gets to a trial. The outline below addresses a case that proceeds all the way to trial, but a case can resolve at any time during this timeline..
Months 1-3: Initiating the Lawsuit
- Attorneys file the lawsuit electronically at the local Courthouse.
- Discovery phase begins, subpoenas to medical providers sent, and document requests are made.
- Paperwork and evidence gathering begins.
Months 4-6: Depositions and Motion Practice
- Depositions of the parties begin and further document requests are made.
- Attorneys identify and retain expert witnesses.
- Discovery motions are filed and court hearings are held.
Months 7-9: Mediation and Negotiations
- Mediation takes place.
- Proposals for settlement are filed.
- Post mediation negotiations take place.
Months 10-15: Expert Discovery and More Motion Practice
- Extensive discovery continues, depositions of experts, more document requests.
- Medical examinations and expert witness reports.
- Attorneys file and argue pre-trial motions.
Months 15-18: Trial Preparation and Court Proceedings
- Final trial preparations and jury selection
- Trial proceedings (3-10 days for most motorcycle cases)
- Verdict and potential appeals process
Factors That Can Affect Your Motorcycle Lawsuit Timeline
Factors That Speed Up the Process:
- Clear liability (obvious fault of the other party)
- Straightforward injuries with complete medical documentation
- Cooperative insurance companies
- Willingness to accept reasonable settlement offers
- Strong evidence supporting your claim
Factors That Delay the Process:
- Disputed liability or complex accident circumstances
- Severe injuries requiring ongoing medical treatment
- Several parties involved in the accident
- Uncooperative insurance companies
- Need for extensive expert testimony
- Court scheduling delays in Hillsborough County
What to Expect at Each Stage
Immediate Post-Accident (Days 1-30)
You’ll focus on medical treatment while your attorney begins investigating your claim. Don’t worry about legal proceedings yet – your health comes first.
Early Case Development (Months 1-6)
Expect regular communication with your legal team as they build your case. You may need to provide more documentation or attend medical appointments.
Active Negotiations (Months 7-12)
This period involves the most attorney-client communication. Your lawyer will update you on settlement offers and negotiations. But, this process requires patience.
Trial Preparation (If Necessary, Months 12+)
If your case goes to trial, you will spend time in depositions, meetings, and trial preparation.
Insurance Company Involvement and Timeline Impact
Insurance companies play a crucial role in motorcycle accident lawsuit timelines. In Florida, dealing with several insurance policies can complicate matters:
Your Insurance Company:
Florida Personal Injury Protection (PIP) coverage pays some, but not all, medical bills up-front. Motorcycle riders have limited PIP requirements.
At-Fault Party’s Insurance:
This insurer will likely handle settlement negotiations. They may use delay tactics to cut payouts or to pressure you to take less.
Underinsured/Uninsured Motorist Coverage:
Your UM/UIM coverage may compensate you if the at-fault driver lacks insurance. This can extend negotiations.
Insurance companies may use delay tactics to pressure you into a lower settlement. Experienced legal representation helps counter these strategies and keeps your case moving forward. Insurance companies will often offer less to people who are not represented by an attorney, as they will not expect the injured party to know or enforce their rights.
Moving Forward with Your Motorcycle Accident Claim
The timeline of your motorcycle crash lawsuit depends on many factors. While the process can seem lengthy, experienced legal representation can speed up proceedings. They also ensure you receive fair compensation for your injuries.
Every day you wait, important evidence may disappear, and witnesses’ memories fade. If you’ve been injured in a motorcycle accident in Tampa, don’t let time work against you.
Call Christopher Ligori & Associates today to discuss your motorcycle accident injury claim. Our experienced team understands the complexities of motorcycle lawsuits in Florida. We will work to resolve your case efficiently while maximizing your compensation.
Legal Disclaimer: This article does not constitute legal advice. Every case is different, and the outcome depends on the specific facts and circumstances involved. For advice about your particular situation, contact an experienced personal injury attorney who can review the details of your case.
