When Should You Take a Motorcycle Accident Case to Court?

 Posted on October 31, 2025 in Motorcycle Accidents

Motorcycle accidents often result in injuries that can cause lasting physical and emotional pain, as well as significant financial burdens. While many claims are resolved through insurance negotiations, there are times when filing a lawsuit is the only way to pursue full and fair compensation. Our experienced Decatur, IL motorcycle accident lawyers know how to properly value a claim and can advise you when taking the case to court is the best option.

When Do Motorcycle Accident Cases Go to Court?

Most motorcycle injury cases begin by negotiating with the insurance company. However, a settlement is not always possible. You may need to go to court if:

• The insurance company denies responsibility for the crash.

• The settlement offer is too low to cover your medical care or lost income.

• The insurer delays your claim for no apparent reason.

• There is disagreement about who was at fault.

• The other driver refuses to take responsibility for their actions.

Illinois uses a modified comparative negligence rule under 735 ILCS 5/2-1116. According to this law, you can still recover damages as long as you were less than 50 percent at fault. If liability is disputed, the case may need to be decided by a judge or jury.

How Long Do I Have To File a Lawsuit for a Motorcycle Accident in Illinois?

Under 735 ILCS 5/13-202, you generally have two years to file a personal injury lawsuit. The clock typically starts ticking on the day of the accident. Missing the deadline can prevent you from recovering compensation altogether. Waiting too long can also cause you to lose valuable evidence. 

In certain cases, such as when a government vehicle is involved or the injured person is a minor, different deadlines may apply. If you have questions about your right to file a suit, talk to an attorney right away.

What Happens Before a Motorcycle Accident Case Goes to Trial?

Before a case reaches the courtroom, your attorney will prepare for trial and gather the evidence needed to prove liability and damages. This preparation often includes filing the complaint, gathering witness statements, reviewing medical records, and exchanging information with the other side through a process called discovery.

Settlement negotiations can continue even after you file a lawsuit. Even if your case proceeds to trial, many claims still settle before a verdict is reached once the evidence becomes clear.

What Are the Benefits and Risks of Going to Court for a Motorcycle Accident?

Taking your motorcycle accident case to trial can have benefits and drawbacks. A successful verdict can provide greater compensation and hold the negligent driver accountable. However, trials can take longer and may involve higher legal costs. Juries can also be unpredictable, which adds a degree of uncertainty.

Schedule a Free Consultation With a Bloomington, IL Motorcycle Accident Attorney

Choosing whether to settle or go to court is an important decision that should not be made without legal counsel. Attorney Todd Bresney brings valuable insight from his prior work with the Federal Trade Commission and the Cook County State’s Attorney’s Office. His background in both public service and litigation strengthens the firm’s ability to build evidence-based cases. 

Our legal team has over 100 years of combined experience handling complex injury claims across Illinois. Call Kanoski Bresney at 888-826-8682 to schedule a free consultation today to discuss your case. Our experienced Decatur, IL motorcycle accident lawyers can help.