Motorcyclists can suffer severe or even grave injuries in an accident due to the lack of protection the motorcycle gives them. If you were hurt or lost a loved one in a motorcycle accident in Jamaica, NY, a lawyer from the Law Office of Cohen & Jaffe, LLP can help you obtain financial recovery for your non-economic and economic damages. What’s more, you can entrust your entire case to us while you focus on your recovery.
When you call for a free consultation, one of our team members will explain all your legal options in detail to help you determine which route best suits your case.
Forms of Recoverable Damages After a Motorcycle Accident
After a motorcycle accident, you might be undergoing intensive medical treatment, forced to take time off work, and endure constant pain. You don’t have to live this way at your own expense. Instead, you might have the option to seek financial recovery for your economic and non-economic losses.
Common Economic Damages
These damages are of monetary value and have had a financial impact on you. Examples of these losses include:
- Lost wages: Not going to work temporarily
- Diminished earning potential: Not being able to work in the long term or resorting to another job
- Medical expenses: Costs for emergency and continued medical treatment
- Property damage: Expenses for repairing or replacing your motorcycle
- Miscellaneous costs: In-home assistance fees
Common Non-Economic Damages
These damages do not hold any financial value but have affected you physically and psychologically. You might be able to request compensation for:
- Scarring and disfigurement: For a change in your appearance, like a loss of limb
- Pain and suffering: For not being able to engage in the activities you love
Should you have lost a family member in the accident, you can recover some of the damages listed above, among others, such as funeral and burial costs and your loss of consortium.
A Motorcycle Accident Lawyer from Our Team Can Help You Get the Expert Testimony That will Strengthen Your Case
After reading the previous section, calculating damages might seem like a lot of work, but your lawyer serving Jamaica can handle that task for you. They can manage all aspects of your motorcycle accident case, including:
Evidence is what will give you the right to collect compensation. Some forms can include:
- The accident report
- Photos of the involved vehicles
- Photos of the road conditions
- Photos of your injuries
- Video recording of the accident
- Your side of the story
- Witness accounts
- Expert testimony from accident reconstruction specialists, your medical team, and economists
- Medical records
- Cell phone records
All of these documents and statements will craft your case and determine who is liable for the accident.
Naming Liable Entities
Motorcycle accidents happen so quickly that it might be difficult to figure out who is liable. Usually, this party is:
- A driver or other road user
- A government municipality in Jamaica
- A car mechanic
- A parts manufacturer
Sometimes, more than one party can be responsible. You would just have to say that each one owed you a duty to be cautious on the road, violated that duty, and ended up causing your accident and damages.
Handling Communication with All Involved Parties
It might be overwhelming to talk to the other party, their insurance company, and their legal team while you’re recuperating from your injuries, especially if you are in a motorcycle accident for the first time.
Further, the insurance company might attempt to reach out to you and ask you to give a statement. In that case, tell them to contact your lawyer. They are no stranger to dealing with the insurance company and are familiar with their manipulative ways, as the insurer might try to twist your words and ultimately hold them against you.
Your lawyer can manage all the emails, phone calls, and other messages on your behalf with all involved parties and their representatives.
Negotiating a Settlement with the Other Party’s Insurance Company
One thing is for sure: the other party’s insurance company is not on your side. They will try to find loopholes in your case, so they don’t have to pay you what you need.
For example, they might argue that you weren’t wearing the helmet and eye protection that the New York Department of Motor Vehicles (NYDMV) describes, so you were careless and didn’t do your part to stay safe in the accident. Your lawyer can illustrate how you abided by all state laws and are owed your requested settlement.
If neither side can come to an agreement, we are prepared to file a lawsuit and represent you at trial.
Meeting New York’s Statute of Limitations
All states must enforce a filing deadline for lawsuits; this deadline is referred to as the statute of limitations. Under CVP §214, you have three years to submit a personal injury case. For wrongful death, EPT §5-4.1 gives a shorter deadline of two years.
Time will run out quickly, so make sure that you notify us about your case as soon as possible. Otherwise, the court will refuse to hear your case, which will ultimately force you to bear the burden of paying for your losses.
There might be exceptions to toll the deadline, like if a minor was a victim or the liable party fled the state. However, extensions are rare.
We Operate on a Contingency-Fee Basis
When you first call our office, we will provide you with a free consultation at no obligation. This case review is only the beginning of our payment structure: a contingency-fee-basis. That is, we charge our clients nothing out of pocket or hourly.
We want you to save your money and use it for your recovery until we get your compensation. If we can’t get anything for you, we still won’t charge you.
The Attorneys at the Law Office of Cohen & Jaffe, LLP Can Get Started on Your Case Today
Our lawyers know what it takes to get our clients the financial compensation they need after a motorcycle accident in Jamaica. We want to use our experience to help you. Contact a team representative today.
For a free legal consultation with a motorcycle accidents lawyer serving Jamaica, call 516-358-6900