A motorcycle accident can change everything in a matter of seconds. The injuries are often severe, and the physical, emotional, and financial damages can be devastating.
If you or someone you love has been hurt in a motorcycle crash, a motorcycle accident lawyer in Baton Rouge, LA, can explain what to expect in a lawsuit. Knowing this can help you make better decisions and feel more in control during an incredibly difficult time.
At Chris Corzo Injury Attorneys, our motorcycle accident attorneys have a proven record of securing maximum compensation for our clients. Let us help you.
How Motorcycle Accident Cases Are Different
Motorcyclists are among the most vulnerable people on the road. Without the structural protection of an enclosed vehicle, a crash that might cause minor injuries to a car occupant can be catastrophic for a rider. Broken bones, road rash, traumatic brain injuries, spinal cord damage, and internal injuries are all common outcomes of serious motorcycle accidents.
Additionally, insurance companies often try to exploit biases against motorcyclists, portraying riders as reckless or aggressive regardless of what the evidence actually shows.
An experienced Baton Rouge motorcycle accident attorney knows how to counter those tactics and present the facts of the crash accurately and persuasively.
The Motorcycle Accident Lawsuit Timeline
Most motorcycle accident claims begin not with a lawsuit but with an insurance claim. If the at-fault driver’s insurer offers fair compensation that covers the full scope of your losses, a lawsuit may not be necessary. But when the insurance company undervalues your claim, denies it outright, or disputes liability, filing a lawsuit is the path to the compensation you deserve.
Here is how the process typically unfolds:
Stage 1: Accident and Immediate Aftermath (Week 1)
You should seek immediate medical attention after your accident, even if your injuries don’t seem severe at first.
Get the police report, photograph the scene and your injuries, gather witness contact information, and preserve any physical evidence.
Stage 2: Hiring an Attorney and Investigation (Weeks 2–4)
An experienced motorcycle accident attorney will begin a thorough investigation as soon as they are retained. This includes reviewing the police report, obtaining and preserving surveillance footage, identifying all potentially liable parties, and consulting with accident reconstruction experts if necessary. The earlier an attorney gets involved, the better positioned your case will be.
Stage 3: Medical Treatment and Case Building (Weeks 2–Months 3–6)
In most cases, it is not advisable to settle before your medical treatment is complete or you have reached maximum medical improvement. Settling too early locks in a number before the full cost of your injuries is known.
During this phase, your motorcycle accident lawyer will gather medical records, build a picture of the damages, and prepare the demand package to submit to the insurance company.
Stage 4: Settlement Negotiations (Ongoing)
Settlement discussions can begin as early as the case-building phase and may continue throughout the entire process. Many cases settle without ever needing to file a lawsuit. Others settle during the discovery process.
A Baton Rouge motorcycle accident lawyer who is genuinely prepared to go to trial is in a far stronger negotiating position than one known for settling quickly and quietly.
Stage 5: Filing the Lawsuit (If Needed — Weeks 1–2 Post-Investigation)
If settlement negotiations break down or the insurer refuses to make a fair offer, your motorcycle attorney will file a petition in civil court to formally initiate the lawsuit.
Under Louisiana Civil Code Article 3493.1, injured victims have two years from the date of the accident to file a personal injury claim. Missing this deadline forfeits your right to compensation entirely, so acting promptly is essential.
Stage 5: Discovery (Months 1–3 After Filing)
During the discovery process, both sides will exchange information. Both sides typically request documents, medical records, accident reports, and other evidence. Depositions are also conducted during this phase.
Stage 7: Trial (If Necessary — Several Months to One Year After Filing)
If the parties cannot reach an agreement, the case goes before a judge or jury. Your motorcycle accident lawyer will present the evidence, question witnesses, and make the strongest possible argument for your full recovery. Trials in Louisiana state courts can take anywhere from a day to several weeks, depending on the complexity of the case.
Contact a Baton Rouge Motorcycle Accident Attorney Today
At Chris Corzo Injury Attorneys, our team has a proven record of securing maximum compensation for our clients. If you have been injured in a motorcycle accident in Louisiana that was caused by another party’s negligence, we want to help you.
Call (225) 999-1111 or complete the short form on our contact page and schedule a free consultation to discuss your case.
Frequently Asked Questions:
How long do I have to file a motorcycle accident lawsuit in Louisiana?
Under Louisiana Civil Code Article 3493.1, you have two years from the date of the accident to file a personal injury lawsuit. This deadline is firm. If you miss it, you will not be able to recover any compensation.
However, there are exceptions to the two-year deadline. You could have a much shorter filing time, or your deadline could be extended in rare cases. You should promptly consult an experienced motorcycle accident lawyer to understand the requirements for your claim.
Do most motorcycle accident cases go to trial?
No. The majority of cases settle before reaching a courtroom. However, filing a lawsuit is often necessary to move the insurance company toward a fair offer, and having a motorcycle accident attorney in Baton Rouge who is genuinely prepared to try the case gives you significant leverage in settlement negotiations.
Can I still recover if I was partly at fault for the crash?
Yes, as long as your share of fault is less than 51%. Under Louisiana’s modified comparative fault system, your compensation will be reduced by your percentage of fault, but you can still recover a meaningful award if you are 50% or less at fault.
What if I wasn’t wearing a helmet?
Louisiana law requires helmets for all riders. Not wearing one does not automatically eliminate your claim, but the defense may argue your injuries were worsened as a result. Your Baton Rouge motorcycle accident lawyer will address how this factual issue affects your specific damages.
How long does a motorcycle accident lawsuit take to resolve?
It depends on the complexity of the case, the severity of the injuries, and whether the parties can settle. Cases that settle before trial may be resolved in a few weeks or months. Cases that proceed to trial can take a year or more from the date the lawsuit is filed.
What does it cost to hire a motorcycle accident attorney?
At Chris Corzo Injury Attorneys, our motorcycle accident lawyers in Baton Rouge handle cases on a contingency fee basis. You pay nothing unless we win.