Nicolet Law Accident and Injury Lawyers
 Free Consultations | Calls Answered 24/7 
Nicolet Law Accident and Injury Lawyers

Built on Family.
Focused on Helping.
Dedicated to Winning.

We win or you don’t pay
500 ★★★★★ reviews

Nicolet Law office
SERVING WI & MN | Calls Answered 24/7 | Free Consultations 866-663-8774

How Long Does a Motorcycle Accident Lawsuit Take?

Injured? Get Nicolet.
Free case evaluation

How Long Does a Motorcycle Accident Lawsuit Take?

Motorcycle accident victims need compensation for their expenses and impacts as soon as possible. Naturally, the question gets asked—how long does a motorcycle accident lawsuit take? The short answer is, “It depends.”

Motorcycle accidents produce minor to catastrophic or even fatal injuries. The more serious the injuries, the more there is for a defendant and their insurance to lose, incentivizing them to fight harder against your claim. In addition, the facts of each motorcycle accident case are unique, and more complex factual scenarios can delay a case as evidence is collected to determine liability. Thus, the length of a motorcycle accident lawsuit depends on many factors.

Contacting a Motorcycle Accident Lawyer

One way you can speed up the process of obtaining compensation after a motorcycle accident is by contacting a motorcycle accident attorney as soon as possible. If you are recovering from your accident injuries and can’t contact an attorney, have a family member or close one contact an attorney.

You want to contact an attorney as soon after a motorcycle accident as possible. One of the most important reasons is that the evidence you need to build up your case tends to fade with time. Witnesses’ memories fade, including your own, and chances for documentary or physical evidence to disappear increase. The longer you wait, the more evidence you can lose, or you will spend more time tracking it down, prolonging your wait for compensation.

Insurance Company Delays in Processing Claims

Insurance companies are in business to make money, which means they will use every tool they can to deny or minimize your claim. The more ways an insurance company can find to fight your motorcycle accident claim, the longer it will take to recover compensation.

This is another reason to hire a motorcycle accident lawyer, who will be familiar with insurance company tactics in fighting motorcycle claims, and who can help you get past them. It is better to let your attorney discuss your case with the insurance company. You can call the insurance company initially to set the process in motion, let it know that you were in an accident, and give it the date and location of the accident. But you shouldn’t go into much more detail than that, and instead should wait until you can retain an attorney to take over discussions with the insurance company.

Settlement Negotiations

The quickest way to recover compensation in a motorcycle accident case is typically by settling with the defendant and their insurer. Both sides are typically inclined to settle because it is faster and can easily cost less for both parties than dragging the process on and going through to a final trial in court. However, if an insurance company refuses to offer a fair and reasonable settlement, you may need to proceed with your case in court to get them to pay you what you deserve.

Settlement negotiations, if successful, still often take weeks to months or more, depending on several factors, including:

  • How much investigation the attorney must do to prove your claim. When it’s a clear-cut case that the defendant was at fault, that their wrongdoing caused your injuries, and that their insurer may be held liable, the attorney might not need to do as much investigation. However, if the evidence is less clear at first, your attorney will likely need to investigate the accident more thoroughly, as if you were going to litigate the case, so that they can build up leverage they need to negotiate with the insurance company. On the bright side, if you can’t settle and have to proceed with litigation, your attorney will have already done a lot of the work they need to prepare to put on your case in court.
  • How long the insurance company takes to respond to your demand letter. As part of your motorcycle accident claim, you will likely file a demand letter with the defendant’s insurance company. A demand letter usually includes a respond-by date, a deadline you give the insurance company by which to respond to your demands. The respond-by date can be any date that you and your attorney agree upon, but is often from 30 to 45 days.
  • Whether the insurance company comes back with a counter-offer or ignores the demand letter. It is unlikely that an insurance company will accept the terms of a demand letter. They will instead probably make a counter-offer; or, they will ignore your demand letter altogether, requiring you to go to court to recover compensation.
  • How many rounds of negotiation you go through before reaching an agreement. Often, settlement negotiations will involve several rounds of counter-offers before the parties agree. How many rounds of negotiation occur depends on the complexity and value of the case.

If you do accept an insurance company’s offer, you will enter into a settlement agreement, which will usually set the date by which to cut a check and mail it to your attorney. The attorney typically then deposits it in a special trust account called an IOLTA and then writes a check to you reflecting the settlement amount minus your attorney’s fees and costs. In some cases, the settlement amount is calculated to cover attorney’s fees and costs.


If the defendant or insurance company refuse to fairly settle with you, you’ll need to litigate your motorcycle accident case in civil court, starting by filing a complaint. Litigation has many stages, which may end with a final trial, at which each side will present witness testimony, evidence, and arguments. After each side presents their case, the court will issue a final order, either in or against your favor.

The time frame for litigation is harder to predict, with many potential procedural delays, of which the defendant and insurance company will likely take advantage. Additionally, your attorney has more work to do if they need to litigate the case, potentially including collecting more evidence to prove the liability of the defendant and your damages, taking depositions, preparing witnesses to testify, and more.

Note that a case can still settle even after you have filed in court, and an insurance company may become more inclined to settle as the case approaches trial, depending in large part on whether or not the case shapes up favorably for you.



Result with Nicolet Law 


Offer before Nicolet Law


Result with Nicolet Law 


Offer before Nicolet Law


Result with Nicolet Law 


Offer before Nicolet Law
More Than
Million recovered for our clients
5 star reviews
More Than
years in business


Result with Nicolet Law 


Offer before Nicolet Law
$0.00 - denial*


Result with Nicolet Law 


Offer before Nicolet Law


Result with Nicolet Law 


Offer before Nicolet Law
YouTube video

What our clients say about us

powered by BirdEye
more testimonials

Awards & Recognitions

Nicolet Law Office is honored to have been nominated for numerous awards for excellence in service and client satisfaction. Our attorneys have appeared in such prestigious lists as Top 40 Under 40 and Rising Stars. While we’re thankful to have the support of industry peers and independent third-party organizations, nothing beats the feeling of gratitude we share with clients when we can make a positive impact on their lives.

From our blog


Contact us today to request a free case evaluation with a dedicated local attorney. With twelve convenient office locations throughout Minnesota and Wisconsin, accessing award-winning legal services has never been easier. If you have a medical condition that prevents you from traveling, we would be happy to meet you at your home or schedule a private virtual consultation.


Tell us about your case

We’ll review your case details and contact you with an action plan.
Fields marked with an * are required
Brief description of your legal issue.
Disclaimer: The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

13 locations in Wisconsin and Minnesota to serve you

Wisconsin State Icon

Wisconsin Locations:

402 Graham Ave.
Suite 305
Eau Claire, WI 54701

Phone: (715) 835-5959
Map & Directions

2300 Riverside Dr,
Suite 105
Green Bay, WI 54301
Phone: (920)-504-3655
Map & Directions

517 2nd Street
Unit #205
Hudson, WI 54016

Phone: 715-226-6158
Map & Directions

205 5th Avenue S,
Suite 209,
La Crosse, WI 54601

Phone: 608-527-0876
Map & Directions

1500 Madison Ave.
Suite 220
New Richmond, WI 54017

Phone: 715-226-6164
Map & Directions

337 North Main Street
Rice Lake, WI 54868

Phone: (715) 790-1114
Map & Directions

215 S 2nd St #20
River Falls, WI 54022

Phone: (715) 716-5869
Map & Directions

1200 Tower Ave.
Superior, WI 54880

Phone: (715) 718-2969
Map & Directions

408 3rd Street
Suite 303
Wausau, WI 54403

Phone: (715) 716-5092
Map & Directions

Minnesota State Icon

Minnesota Locations:

306 West Superior Street,
Suite 606 West
Duluth, MN 55802

Phone: (218) 729-0628
Map & Directions

Howard Court Bldg.
302 Howard Street, Suite 123
Hibbing, MN 55746

Phone: 218-217-0659
Map & Directions

23 - 4th Street SE
Suite #213
Minneapolis, MN 55414
Phone: (612) 446-3999
Map & Directions

724 Bielenberg Drive
Suite 126
Woodbury, MN 55125

Phone: (651) 815-0017
Map & Directions

Wisconsin and Minnesota’s Local Award-Winning Injury and Disability Attorneys.
© 2022 Nicolet Law Accident & Injury Lawyers, S.C. All Rights Reserved.
If we do not get you a recovery in your case, you will not be responsible for any attorney fees, but you still may be responsible for costs expended on your behalf, such as filing fees, medical records, etc.
crosschevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram