If the motorcycle accident case goes to litigation
Whether or not the motorcycle case goes to litigation, there are certain legal proceedings that every lawsuit must go through. It’s important to understand the following stages of a lawsuit so you know what to expect for your own motorcycle accident case.
Discovery
The discovery process is the first stage of any lawsuit, regardless of what the claims may be. During this process, each party works toward collecting as much evidence as possible to build their legal argument. Parties will exchange any requested records that may be relevant to settling the claim. The more discovery an attorney can obtain, the stronger their argument is likely to be.
Common forms of discovery in a motorcycle accident include:
- Medical records
- Accident reports
- Insurance documents
- Photographs of the accident
- Motorcycle repair bills
- Employment records indicating any lost time
In addition to requesting documents, attorneys may rely on interrogatories during the discovery process as well.
Negotiation of settlement
Once discovery has closed, the parties will begin negotiating a settlement. Negotiations between the attorneys and insurance companies preferably end in a settlement as opposed to reaching trial, as this option is typically favorable in both time and money.
Settlements can speed up the case — less time than litigation
Reaching a settlement is typically in everyone’s best interest as this can significantly speed up a case and take much less time than litigation. Once a settlement is reached, the attorneys can focus on getting the parties paid and closing out the case with the court. If the parties are willing to cooperate for the sake of getting the lawsuit over with, settlements can be reached relatively quickly.