Many people wonder whether or not they will have to go to court to settle their motorcycle accident claim. It is a possibility that the case will go all the way to the courtroom, but that is less likely than you may realize.
Most motorcycle accident claims in Portland are resolved through settlements with insurance carriers. Usually, this means the insurance carrier of the at-fault party. For relatively straightforward claims where the fault is clear, a settlement could come in as little as a few weeks. However, if there is any dispute over fault or how much compensation should be paid to the crash victim, then the settlement negotiations could take months or even more than a year.
If the at-fault party or their insurance carrier refuse to offer a fair settlement to the Portland motorcycle accident victim, it may be necessary for the victim to file a lawsuit in civil court against the at-fault party. This changes the process and moves the case into the court system, but that does not necessarily mean you will have to go to court. There will be an initial discovery process when both sides will exchange evidence and take depositions from witnesses. It is not uncommon for both parties to reach a settlement agreement while the discovery process is ongoing. This would avoid the courtroom.
If no settlement agreement can be reached, then the case will need to move forward to a jury trial. If this becomes necessary, it could take a few years to resolve the matter.