If you were involved in a motorcycle accident in Huntington and suffered injuries, you may have medical bills that are piling up. At the same time, you may not be able to return to work due to your condition. You may feel overwhelmed at the prospect of filing an insurance claim.
After being involved in an accident, you can work with a Huntington motorcycle accident lawyer from the Law Office of Cohen & Jaffe, LLP. We can explain your legal rights and determine if you have a viable case. We will also help you understand what your next steps should be, guiding you in the process of seeking the best possible results for your case.
Why Hire a Motorcycle Accident Lawyer for Your Case
A Huntington injury lawyer from our team can help you with every step of your case. We can:
- Determine who was liable for your accident
- Collect evidence to prove liability
- Determine a value for your case and assess your losses
- Determine the benefits and damages you may be entitled to seek
- Communicate with any third parties on your behalf
- Prepare your case for trial and represent you in court
- Advise you on when to file a lawsuit
- Ensure that your case is on track to meet any important deadlines
You do not have to file paperwork, handle phone calls, or communicate with third parties. We can take care of all of these details for you so that you can focus on your recovery.
Can a Motorcycle Accident Victim Sue the Driver Who Hit Them?
As a motorcycle accident victim, you may hold the right to sue the driver who hit you. To hold the other driver liable for your injuries, you must establish the following:
- The other driver owed you a duty of care.
- The other driver failed to uphold this duty.
- The other party’s negligence caused your accident and injuries.
- You suffered damages.
Statute of Limitations in New York
New York State generally allows three years from the date of your accident to file your lawsuit, according to New York Civil Practice Law and Rules (CVP) §214. This timeframe is referred to as the statute of limitations and can sometimes be extended or reduced.
You may need to file a personal injury lawsuit if:
- You have injuries and medical costs that won’t be covered by an insurance claim.
- You were out of work because of your injuries and lost wages as a result.
- Your work and life were substantially disrupted by the accident.
Because motorcycle accidents often result in severe injuries being sustained, including traumatic brain injuries (TBI), spinal cord injuries (SCI), road rash, scarring, broken bones, and internal injuries, we can help you decide whether filing a lawsuit would be in your best interest. If a lawsuit may offer you the best possible means of seeking recovery, we can prepare your case for a suit and handle the process on your behalf.
Damages That May be Awarded in Your Case
When you file a personal injury lawsuit, you can seek damages from the at-fault party. Of course, you will need to prove it was their negligent behavior that caused the accident. Thankfully, a Huntington motorcycle accident lawyer from our team can help you satisfy this requirement.
Some of the damages you may be eligible to pursue include:
- Pain and suffering
- Past and future medical expenses
- Lost wages
We will examine the evidence in your case to determine how much you may be able to seek. If your injuries and losses were especially severe, we can typically seek a higher amount of compensation accordingly.
Can You File an Insurance Claim After a Motorcycle Accident?
Although New York State follows no-fault insurance laws, the New York State Department of Financial Services (DFS) notes that motorcyclists are not eligible for no-fault benefits. This means that:
- You may not be able to seek coverage for lost wages or medical costs through a no-fault insurance claim.
- However, you can sue the at-fault driver for your compensation, and you could seek coverage for medical costs and other losses through this route.
- As a motorcyclist in an accident in New York, you do not have to meet the state’s normal serious injury threshold before you can sue the other party.
We can tell you more about how to go about seeking compensation that would fairly cover your losses. Our aim is that you suffer no further harm, financial or physical, due to your motorcycle accident injuries.
Can a Motorcycle Accident Victim Recover Compensation If They Shared Fault For the Accident?
If you and another driver were both liable for the accident, you can still sue for damages, according to CVP §1411. While New York State does not bar you from recovering damages, your award amount may be reduced by your percentage of fault. For example, if you were found to be 10% at fault for causing the accident, then the amount of any damages you are awarded would be reduced by 10%.
An insurer may have offered you a settlement, but you may be unsure of whether or not it fairly compensates you for your losses. One of the benefits of retaining a Huntington motorcycle accident lawyer from our team is that we will advocate for fair compensation. We can work to gather evidence of the other party’s fault to show that they should be held responsible for your fair compensation.
An Attorney Can Fight For You After a Motorcycle Accident
If another driver’s negligence caused you to engage in an accident while riding your motorcycle in Huntington, NY, we want to help protect your rights and fight for compensation. Call us today for free by dialing (516) 358-6900 and learn how we can get started. We can tell you if you have a valid case, what it might be worth, and how we can go to work for you.
For a free legal consultation with a motorcycle accidents lawyer serving Huntington, call 516-358-6900