After being seriously injured in a motorcycle accident, you are likely feeling scared, confused, and unsure how to move forward. If someone else is liable for causing your motorcycle accident, they should compensate you for your damages.
With help from a Nassau County motorcycle accident attorney at the Law Office of Cohen & Jaffe, LLP, you can find out how to best approach your case and recover fair compensation for your suffering.
Possible Motorcycle Accident Injuries in Nassau County
Many types of injuries can be sustained in a Nassau County motorcycle accident. Some of these injuries include:
- Post-traumatic stress disorder (PTSD)
- Compound fractures and other broken bones
- Spinal cord injuries and paralysis
- Head, neck, and back injuries
- Traumatic brain injuries (TBI)
- Organ failure
- Internal bleeding
- Lacerations that become septic
- Loss of limbs
- Road rash
The type of injury you sustained does not determine your ability to recover compensation for your damages. However, if your injuries are more serious and require extensive medical care and rehabilitation, the value of your case is likely to be higher.
If you suffered an injury that was not listed above, you may still have the right to compensation for your suffering. Your Nassau County motorcycle accident attorney can explain your options and determine what your case is worth.
Damages You Could Recover After a Motorcycle Accident in Nassau County
When you have suffered serious injuries in a motorcycle accident in Nassau County, the thought of bringing your case to court may be the furthest from your mind. But once you have a better understanding of what your case is worth, you may be more inclined to take action on your claim.
When someone else is responsible for causing your injuries, they should compensate you for every single loss. However, many motorcycle accident victims are unaware of the various losses they have the right to recover compensation for.
Some of the types of losses that injury victims may recover in their claim are economic, meaning they have a set financial value. These damages may include:
- Current and future lost wages
- Current and future medical bills
- Property damage
You may also be entitled to non-economic damages as part of your claim. These do not have a set financial value. Some of these damages may include:
- Physical pain and suffering
- Diminished quality of life
- Mental anguish
- Ongoing medical expenses and equipment fees
- Diminished earning potential
- Loss of household services
- Scarring and disfigurement
If you lost a loved one in a motorcycle accident in Nassau County, you may also qualify for these and other damages as part of a wrongful death case:
- Loss of society and support
- Loss of companionship and love
- Loss of guidance and advice
You may also be awarded punitive damages, depending on the details of your case. Under CVR § 70-A, a court only awards punitive damages in cases where the judge finds the actions of the defendant to be reprehensible. They will order punitive damages as a way of punishing the liable party for their acts of gross negligence or misconduct.
Evidence to Support Your Nassau County Motorcycle Accident Claim
If you are to win compensation in your motorcycle accident claim in Nassau County, your lawyer will need to prove that another party’s negligence caused your injuries. Four key elements will need to be proven for your case to be successful:
- Duty of care
- Breach of duty
Essentially, this means that the liable party owed you a duty of care and breached that duty of care, thereby causing you to suffer significant damages.
Your Nassau County motorcycle accident attorney will be looking for as much evidence as possible to support your case. Some of the types of evidence that may be beneficial in proving the other party’s negligence include:
- Photographs of your injuries
- Photographs of the scene of the accident
- Video footage of the accident
- Chemical blood alcohol results
- Other forensic evidence
- Reports by accident reconstructionists
- Police reports
- Witness statements
- Expert testimony
- Medical documentation of your injuries
New York Pure Comparative Negligence Laws
Motorcycle accident victims in Nassau County who are partially liable for the accident or their injuries may be unsure whether they should pursue a claim. However, New York follows a pure comparative negligence system under CPLR § 1411.
This law states that you can share up to 99% of the fault for the accident and still recover compensation for that one percent of liability that is assigned to someone else. However, most personal injury and motorcycle accident claims have a much smaller proportion of fault assigned to the claimant.
How Comparative Negligence Works
Keep in mind that your injury settlement is going to reflect your portion of fault through a deduction. For example, if you are found 30% liable for your injuries, you can expect your injury settlement to be reduced by 30%.
New York’s pure comparative negligence laws could have a significant impact on the amount of your motorcycle accident injury settlement. Your lawyer can address your questions or concerns regarding how your case could be affected by shared fault.
The Statute of Limitations for Motorcycle Accident Claims in Nassau County
You should move quickly once you have decided to pursue your Nassau County motorcycle accident claim. This is because the New York statute of limitations for motorcycle accident and personal injury claims is just three years under CVP § 214.
Failure to file your lawsuit before the statute of limitation expires will likely result in the dismissal of your case.
Find Out How a Nassau County Motorcycle Accident Lawyer Can Help You in a Free Consultation
Your motorcycle accident may have been traumatic, and your injuries may be severe, but when you have a legal advocate on your side, you can fight to hold the at-fault party accountable.
You can seek fair compensation for your suffering with the assistance of a Nassau County motorcycle accident attorney at the Law Office of Cohen & Jaffe, LLP. When you are ready to get started on your case, we will give you a free, no-obligation consultation. Call our office today at (516) 358-6900.
For a free legal consultation with a motorcycle accidents lawyer serving Nassau County, call 516-358-6900