A distracted driver swerves into your lane, and in an instant, your world is turned upside down. As you’re lying in the hospital, dealing with injuries and mounting medical bills, you might be wondering, “How long is this whole legal process going to take?”
At New Mexico Biker Lawyer, we hear this question a lot. As riders ourselves, we know you’re eager to get back on your bike and put this whole ordeal behind you. But the truth is, there’s no one-size-fits-all answer to how long a motorcycle crash case will take in New Mexico. Every case is unique, with its own set of challenges and complexities. However, we can give you a general idea of what to expect and why some cases take longer than others.
The Timeline: From Crash to Compensation
Motorcycle crash cases in New Mexico can take anywhere from a few months to several years to resolve. Yes, you read that right – years. But don’t let that discourage you. Many cases settle much quicker, especially with the right legal team on your side. Let’s break down the typical timeline of a motorcycle crash case:
Immediate Aftermath and Medical Treatment (Days to Months)
The clock starts ticking the moment your crash happens. Your first priority should be getting medical attention, even if you think your injuries are minor. Some injuries, like whiplash or internal trauma, might not be immediately apparent. Follow your doctor’s orders and keep detailed records of all your treatments. This phase can last from a few days to several months, depending on the severity of your injuries.
Investigation and Case Building (Weeks to Months)
While you’re focusing on recovery, your legal team at New Mexico Biker Lawyer will be hard at work investigating your crash. We’ll gather police reports, talk to witnesses, analyze photos and videos from the scene, and consult with accident reconstruction experts if necessary. We’ll also collect all your medical records and bills to start building a clear picture of your damages. This phase typically takes a few weeks to a couple of months.
Insurance Negotiations (Months)
Once we have a solid understanding of your case, we’ll start negotiations with the insurance company. This is where having experienced motorcycle crash attorneys can make a big difference. Insurance companies often try to lowball injured riders, but we know all their tricks. We’ll fight tooth and nail to get you the compensation you deserve. This phase can last anywhere from a few months to a year, depending on how stubborn the insurance company wants to be.
Filing a Lawsuit (If Necessary)
If we can’t reach a fair settlement through negotiations, we might need to file a lawsuit. This doesn’t mean your case will necessarily go to trial, but it does show the insurance company we’re serious. In New Mexico, you generally have three years from the date of the crash to file a personal injury lawsuit. However, we usually don’t wait that long unless there’s a good reason to do so.
Discovery and Pre-Trial Motions (Months to Years)
If we do file a lawsuit, we enter the discovery phase. This is where both sides exchange information and evidence. There might be depositions (formal interviews under oath), requests for documents, and written questions called interrogatories. This phase can take several months to over a year. During this time, there might also be various pre-trial motions filed by either side, which can add to the timeline.
Settlement Negotiations or Trial (Months to Years)
Even after filing a lawsuit, settlement negotiations can continue right up until the trial starts (and sometimes even during the trial). In fact, the vast majority of motorcycle crash cases settle before reaching the courtroom. If your case does go to trial, it could take anywhere from a few days to several weeks, depending on the complexity of the case. After the trial, there’s always the possibility of appeals, which could extend the process even further.
Factors That Can Affect Your Case Timeline
Several factors can influence how long your motorcycle crash case takes to resolve. The severity of your injuries is a big one. If you’re still receiving medical treatment, we might want to wait until you’ve reached maximum medical improvement (MMI) before settling your case. This ensures we account for all your medical expenses, including future treatments you might need.
The complexity of liability is another factor. If it’s clear the other driver was at fault, the case might move faster. But if there’s disputed liability or multiple parties involved, it could take longer to sort out. The amount of damages you’re claiming can also affect the timeline. Generally, cases with higher damage amounts face more scrutiny from insurance companies and might take longer to resolve.
The court’s schedule can also play a role. If the court docket is backed up, it might take longer to get a trial date. And let’s not forget about the other side’s willingness to negotiate in good faith. If they’re being unreasonable, it might take longer to reach a fair settlement.
Why You Shouldn’t Rush Your Case
We know you’re eager to put this whole ordeal behind you and move on with your life. But rushing your case could end up costing you big time in the long run. Insurance companies love it when injured riders are in a hurry to settle. They know you’re dealing with medical bills and lost wages, and they’ll try to take advantage of your urgency by offering a quick, but unfair settlement.
At New Mexico Biker Lawyer, we’ve seen too many riders accept lowball offers only to realize later that their injuries were more serious than they thought. Once you accept a settlement, you can’t go back and ask for more money, even if you develop complications down the road. That’s why we always advise our clients to be patient and let the process play out. We’ll work as efficiently as possible, but we won’t sacrifice the quality of your case for speed.
How New Mexico Biker Lawyer Can Help Speed Up Your Motorcycle Crash Case
While we can’t guarantee a specific timeline for your case, we can promise to work tirelessly to resolve your case as quickly and favorably as possible. Our team of experienced motorcycle crash attorneys knows all the ins and outs of New Mexico law. We’ve handled countless cases like yours, and we know how to navigate the legal system efficiently.
We’ll stay on top of your case, pushing it forward at every opportunity. We’ll handle all the paperwork, deal with the insurance companies, and keep you updated every step of the way. And if the other side is dragging their feet, we’re not afraid to apply pressure to keep things moving.
Most importantly, we’re riders ourselves. We know what you’re going through, and we’re committed to getting you back on your bike as soon as possible. We’ll fight for every penny you deserve, whether that means negotiating a fair settlement or taking your case all the way to trial if necessary.
Don’t Wait to Get Started
While motorcycle crash cases can take time to resolve, the sooner you start the process, the better. Evidence can disappear, witnesses’ memories can fade, and there are strict deadlines for filing claims. Don’t let valuable time slip away. Call New Mexico Biker Lawyer today at 505-505-2453 to schedule your free consultation.
Remember, at New Mexico Biker Lawyer, we don’t get paid unless you do. We’ll handle your case on a contingency fee basis, meaning you don’t owe us anything unless we win your case. So don’t let concerns about legal fees hold you back. Let’s get started on your road to recovery and justice today.
