After a motorcycle accident has taken place, the injured party must prove 2 things. The injured rider must prove that the other party was at fault, and must also prove the extent of the claimed injuries.
Elements that would allow for a quick settlement
All the involved parties could reach a settlement quickly if they all agreed to name the same person responsible for the accident. In addition, the motorcyclist should have only minor injuries, and the negligent party should have purchased some type of insurance coverage.
Still, even if all those elements were present, the case would not settle rapidly, unless the motorcyclist had been willing to comply with all the relevant laws. In other words, if the rider of the motorcycle had failed to don a helmet, then the case could not get settled in a short period of time.
Tasks that should be part of any effort to reach a settlement
• Collecting witness statements
• Gathering photos that show the location and nature of the vehicle damage
• Examination of the injured party’s medical reports
• Analysis of the injured party’s medical bills
• Follow-up to an estimate for the cost of vehicle repairs
• Securing proof of the injured party’s lost earnings
• It would take between 30 and 90 days to complete those listed tasks.
Events that would be part of a longer timeline, until the settlement
A discovery session would follow the failed negotiations. That might uncover evidence that the motorcycle rider had committed an act of comparative negligence. For instance, it could be that the injured rider had engaged in lane-splitting during the moments before the accident.
The disputing parties could settle at any point during the discovery session. If they failed to do so, the same parties would take part in a mediation session. At that point, a mediator would try to get the 2 parties to reach an agreement. The discovery session lasts 6-12 months. Mediation should not last much more than a day of two. If mediation does not aid creation of an agreement, the 2 disputing parties must face each other in a courtroom.
In court, a Personal Injury Lawyer in Fort Erie can advocate for each party. The lawyers make their opening statements, and then show the evidence to the jury. After that display of evidence, both lawyers offer their closing statements.
Next the members of the jury deliberate. After the jury has reached a decision, then that body of 12 returns to the court and announces its verdict. The plaintiff might have to wait 2 or more years to hear that verdict. Moreover, if the defendant objected to the verdict, then he or she might ask the court to grant permission for an appeal hearing.