Motorcycle accidents, especially when they involve severe injuries, may feel overwhelming or confusing. If you’ve been in a motorcycle accident, you might not know what comes next or how you would be able to return to a sense of normalcy in your life. How long do you have to file a claim after your motorcycle accident? How do you calculate fault? And what else should you know?
At the Law Office of Cohen & Jaffe, we have a deep understanding of personal injury law, including motorcycle accidents and other cases of a vehicle collision. If you’re looking for assistance, allow us to break down everything you might need to know about your motorcycle accident.
What is the Statute of Limitations for a Motorcycle Accident in Baldwin, NY?
In Baldwin, as well as the remainder of New York State, the typical statute of limitations for personal injury cases is three years. Typically, as long as someone has suffered a serious injury, motorcycle accidents are included in the personal injury category. This means if you’ve suffered injuries due to another person’s actions, you will have three years from the date of your motorcycle accident to start the legal process.
However, there are some circumstances where you might be eligible for an extension. For example, if you were in a coma or were otherwise unable to realize you’d been injured in your accident immediately, you may have more time to file. If you’re unsure or want more information, we recommend speaking with a lawyer to determine your options.
How is Fault Calculated in a Baldwin, NY Motorcycle Accident?
Especially if multiple parties were involved in your motorcycle accident, you might be wondering who is responsible for damage payments. In New York, personal injury cases follow a “pure comparative fault rule,” meaning each party who is involved may be given a certain percentage of responsibility out of 100.
For example, suppose Party A is a truck driver, Party B is a car driver, and Party C is a motorcyclist. If Party A is texting and driving and Party B is rubbernecking, they are both driving while distracted. When Party C tries to change lanes, the truck driver suddenly changes lanes without signaling and the car driver starts to slow down.
Both Party A and B might be responsible if a collision occurs, and each might receive 50 percent of the liability. This means that each party will be responsible for up to 50 percent of Party C’s damages, totaling 100 percent of the costs the motorcyclist incurs. If Party A or B also get injured, they may also be responsible for some of those damages.
What Compensation Can You Receive?
If you’ve been in a motorcycle accident, you’ve likely incurred a number of damages due to no fault of your own. If this is the case, you might be entitled to compensation for some of the following damages:
- Medical bills, including:
- Ambulance costs
- Emergency room care
- Hospital expenses
- Physical therapy
- Future medical bills related to car accident injury treatment
- Legal fees
- Loss of wages
- Loss of wage-earning capacity
- Property damages
- Wrongful death
- Loss of consortium
- Loss of companionship
- Scarring and disfigurement
- Pain and suffering
- Mental anguish
If you’ve been in a motorcycle accident because of someone else’s actions, we believe you’re entitled to compensation. If you want to ensure you get compensated fairly, you may consider hiring a lawyer to represent you in your case.
How Can a Lawyer Help in a Baldwin Motorcycle Accident?
If you’re planning on taking legal action for your motorcycle accident, you may want to hire a lawyer. Your lawyer may be able to help you in several ways throughout your legal case.
Your lawyer was required to endure immense training procedures and educational classes, meaning they are likely to have an extensive background in the law. This legal knowledge allows your lawyer to handle complicated cases with relative ease and avoid mistakes, largely because they have the experience that most laypersons do not.
Lawyers are also well known for their negotiation tactics, which are often immensely helpful during settlement negotiations and court hearings. These may be used to help maximize your potential compensation, as well.
Handle Insurance Companies and Other Legal Representatives
If the idea of handling insurance companies or other lawyers overwhelms you, your lawyer may be able to assist you. Filing the correct paperwork, explaining the details of your case, and doing the work of negotiation are all well within your lawyer’s typical skill set, allowing you to return to a sense of normalcy during the legal process.
Collect and Analyze Evidence
Your lawyer may also be able to help you collect and analyze evidence in order to build up the legitimacy and favorability of your case. If necessary, your lawyer may even spearhead or join existing investigations to collect witness statements, work with expert witnesses, find existing footage of the incident, and more.
Refer You to Medical Professionals
Many lawyers have established a strong network, including medical and other industry professionals. If you are still in need of medical attention following your accident, your lawyer may be able to refer you to one of these professionals and provide you with helpful resources in order to make you whole again.
Strategize the Next Best Steps
Depending on the specific details of your case, your lawyer may also help you strategize the best course of action in and out of the courthouse. You might be asked to stay off of social media, seek medical attention, or collect evidence, for example.
Maximize Potential Compensation
If you want to ensure you get the compensation you deserve, your lawyer may be of assistance. By using analysis and negotiation skills, your lawyer may be able to reduce your level of fault, determine that you are eligible for compensation in more damage areas, and aid you in getting the maximum potential benefit.
Your lawyer may also help you deal with stress levels, helping you manage your appointments and details to help make you whole again and return to a sense of normalcy. Some of the best lawyers make their clients forget they are even involved in legal proceedings.
Get the Legal Representation You Deserve With Baldwin Motorcycle Lawyers From the Law Office of Cohen & Jaffe
If you’ve been in a motorcycle accident, you may not need to struggle on your own. We at the Law Office of Cohen & Jaffe have a strong understanding of personal injury law, and we’ve assisted numerous clients after their motorcycle accidents. Our legal team is well-equipped to support you every step of the way and get you the compensation you rightfully deserve.
If you want more information about personal injury law, you’re welcome to subscribe to the Cohen & Jaffe Youtube Channel in order to receive educational content in your inbox. Additionally, if you want to discuss your case’s specific details, we patiently await your call. To get in touch with us, please call (866) 924-1787 or complete our online contact form at your earliest convenience.
For a free legal consultation with a lawyer serving Baldwin, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.