The honest, no-nonsense answer is that every case is different. A straightforward case with minor injuries might settle in as little as six months, based on our practice. More commonly, a claim involving significant injuries could take between nine to 18 months to resolve. If your case is difficult, involves disputed facts, or results in catastrophic injuries, it could stretch to two to three years or even longer.
The timeline is dictated by two main factors: your physical recovery and the deliberate, sometimes slow, pace of the Texas civil court system.
It's frustrating. We get it. But there's another side to this reality: a longer timeline typically correlates with a more substantial settlement. Rushing the process almost always means leaving money on the table—money that you will need for your future. The goal isn't just to get a check; it's to get a fair check.If you have a question about how long your specific case might take, call us at (512) 477-7333.
Key Takeaways for Your Motorcycle Accident Lawsuit Timeline
- Your recovery timeline dictates the legal timeline. We must wait until you reach Maximum Medical Improvement (MMI) before we calculate the full value of your damages and secure a fair settlement.
- A formal lawsuit is a negotiation tool, not a guarantee of a trial. About 95% of personal injury cases are settled out of court, and filing a lawsuit is a strategic step to pressure the insurance company into a fair offer.
- Insurance companies use delays to protect their profits. Understanding that their goal is to minimize your payout helps set realistic expectations for the methodical, and sometimes slow, process of building a case they cannot ignore.
The Short Answer: Why You Cannot Just Get a Check Tomorrow
After the accident, we begin by filing a claim with the at-fault driver's insurance company. We are now dealing with a business whose goal is to protect its bottom line. The vast majority of these claims (around 95%) are settled through negotiation, without ever seeing the inside of a courtroom. A formal lawsuit is the step we take only if the insurance company refuses to offer fair compensation.
The speed of this initial claims process is almost always tied to the clarity of the accident. If a driver ran a red light and T-boned you, and it was all captured on camera, liability is clear. This generally leads to a faster resolution. But if the other driver claims you were lane-splitting or speeding, the case becomes a "he said, she said" scenario, which adds significant delays.
The Medical Timeline: We Move at the Speed of Your Recovery
You’re in pain, and you want this whole ordeal to be over. The thought of waiting another year or more is agonizing. So why don't we just settle it now and move on?
Here’s the problem: if you settle your case while your back is still in pain, and a year from now a doctor tells you that you need spinal fusion surgery, you cannot go back and ask for more money. Once you sign that settlement agreement, the case is closed forever. You would be stuck paying for that surgery and all the associated costs out of your own pocket.
This is why we wait until you have reached what is known as Maximum Medical Improvement (MMI). This is the point where your doctor says, "This is as good as you're going to get." You may have fully recovered, or you may be left with a permanent impairment. Reaching MMI is the single most important milestone in your case, because until we know the full, long-term extent of your injuries, we cannot accurately calculate your damages. Your future medical bills, lost earning capacity, and pain and suffering all depend on this final prognosis.
Motorcycle accidents commonly cause severe injuries like compound fractures, extensive road rash, and traumatic brain injuries (TBI) that take far longer to stabilize than typical car accident injuries. This medical reality naturally extends the timeline of your case. Waiting while you are hurting is one of the hardest parts of this process, but it is necessary to ensure you are compensated for what was taken from you.
The Litigation Lifecycle: Phase by Phase
Here’s a realistic breakdown of what to expect.
Phase 1: Investigation and Treatment (0–6 Months)
This phase begins the moment you hire us. While you focus entirely on attending your doctor's appointments and healing, we are in the background gathering the evidence. This includes:
- Obtaining the official police report.
- Interviewing witnesses to the accident.
- Collecting and preserving evidence, such as photos from the scene and damage to your bike.
- Requesting all of your medical records and bills as they are generated.
Phase 2: The Demand Letter (Month 6–9)
Once you reach Maximum Medical Improvement, we have a clear picture of your total damages. We then assemble a comprehensive demand package. This is a detailed legal document that tells the story of the crash, proves the other driver’s fault (negligence), and meticulously outlines every dollar of your damages, including past, present, and future. This package is sent to the insurance company with a demand for a specific settlement amount.
Phase 3: Negotiation (Month 9–11)
After receiving our demand, the insurance adjuster will review it and come back with a counter-offer, which is almost always significantly lower. This kicks off a period of negotiation. We will argue your case, presenting evidence and legal precedent to justify our demand. If we reach a fair agreement, your case ends here.
Phase 4: Filing the Lawsuit (Month 12+)
If the insurance company refuses to negotiate in good faith or make a reasonable offer, we will recommend filing a formal lawsuit. This means we draft a legal document called a Petition and file it with the appropriate Texas court. At this point, the process moves from the insurance company’s timeline to the court’s schedule, which introduces a new set of timelines and procedures.
Phase 5: Discovery (The Longest Phase: 6–12+ Months)
Discovery is the formal process where both sides exchange all relevant information about the case. Its purpose is to ensure there are no surprises at trial. This is typically the longest part of a lawsuit and lasts for a year or more. Key activities include:
- Written Discovery: We send and receive documents like Interrogatories (written questions that must be answered under oath) and Requests for Production (formal requests for documents like medical records or phone records).
- Depositions: This is where you, the other driver, and key witnesses answer questions under oath from the opposing lawyer in the presence of a court reporter. While this sounds intimidating, we will thoroughly prepare you for every question you might face.
Phase 6: Mediation (Month 18–24)
Most Texas courts require that the parties attempt to settle the case through mediation before they will schedule a trial. During mediation, both sides meet with a neutral third-party mediator, such as a retired judge, who helps facilitate a settlement. The vast majority of lawsuits settle at this stage.
Phase 7: Trial (Year 2+)
If mediation fails, the case is placed on the court’s trial docket. Due to crowded court schedules, it could take many months or even more than a year to get a trial date. While going to trial is rare, we prepare every case as if it will end up in front of a jury. This thorough preparation is what convinces the insurance company to offer a fair settlement before this final step becomes necessary.
Factors That Will Stall Your Case
Certain elements add significant time to a motorcycle accident lawsuit.
- Disputed Liability: There is a common and unfair bias against motorcyclists. If the other driver claims you were speeding, weaving, or otherwise driving aggressively, the insurance company will latch onto that narrative. Proving they are wrong typically requires hiring accident reconstruction experts to analyze the physics of the crash, which takes time and resources.
- High Damages: The larger the potential payout, the more scrutiny the claim receives. An adjuster might have the authority to approve a $20,000 settlement on their own. A $1,000,000 settlement, however, will have to go through multiple layers of corporate approval, with each level conducting its own review.
- Multiple Defendants: Was the person who hit you driving a commercial truck? Now, your claim involves the driver, the trucking company, the company that loaded the cargo, and their respective insurance carriers. More defendants mean more lawyers, which leads to more scheduling conflicts and a longer timeline.
- Government Entities: If you were hit by a city bus in Austin or your crash was caused by a massive pothole, the Texas Tort Claims Act applies. This law has unique rules, including a much shorter deadline to provide formal notice of your claim—sometimes as little as six months. While the notice period is short, the government bureaucracy itself tends to move very slowly.
Texas Law: Specific Deadlines You Must Know
The legal system runs on deadlines, and missing one is catastrophic for your case. Two Texas laws are particularly important for your motorcycle accident claim.
First is the Statute of Limitations. In Texas, you generally have two years from the date of the crash to file a lawsuit. This law is codified in the Texas Civil Practice & Remedies Code § 16.003. If you miss this deadline, your case will be dismissed, and you will lose your right to recover any compensation. While two years seems like a long time, it is not. Waiting until month 23 to contact a motorcycle accident lawyer puts your case in jeopardy, as there may not be enough time to properly investigate and file before the clock runs out.
Second is the rule of Modified Comparative Negligence, also known as the 51% Bar Rule. Texas law states that you cannot recover any damages if you are found to be 51% or more at fault for the accident. If your portion of the fault is 50% or less, your final award will be reduced by that percentage. Insurance companies know this rule well and will fight to assign as much blame to you as possible, potentially dragging out negotiations for months over just a few percentage points.
FAQ for Motorcycle Accident Timelines
Will I have to go to court if I file a lawsuit?
It is unlikely. As mentioned, the overwhelming majority of personal injury cases settle before a trial begins. Filing a lawsuit is often just a strategic step needed to move negotiations forward.
Who pays my medical bills while the lawsuit is pending?
Initially, your medical bills are typically paid by your health insurance, your Personal Injury Protection (PIP) coverage if you have it, or through a letter of protection arranged by your attorney. These providers are then reimbursed from the final settlement.
What if I cannot return to work while waiting for the settlement?
We understand the immense financial strain this causes. All of your lost wages, past and future, are a key component of your final damage claim. We will discuss potential options to help you manage the financial pressure while your case is pending.
Does the type of motorcycle affect the timeline?
No. The type of bike you ride has no bearing on the legal timeline. The primary factor related to your motorcycle is the severity of the injuries, which are usually more serious for riders and thus require longer treatment and a longer case timeline.
Don’t Let the Timeline Scare You
The legal process is slow, tedious, and frustrating. There is no way to sugarcoat that reality. But a slow process is frequently a sign of a thorough process. Rushing your claim through the system almost always benefits the insurance company, not you and your family.
Your job is to focus on one thing: healing. Let us handle the paperwork, the deadlines, the phone calls, and the arguments. At Lorenz & Lorenz, PLLC, our practice is focused on handling these types of personal injury cases. We have years of experience pushing claims through the Texas court system, and we know how to keep the pressure on.If you are worried about how long this will take or feel like you are getting the runaround from an insurance adjuster, let’s talk. Call Lorenz & Lorenz, PLLC today at (512) 477-7333 for a free consultation.