Long Island Motorcycle Accident Lawyers Representing Your Personal Injury Case
Riding a motorcycle brings a certain feeling of freedom that is hard to get anywhere else. Many people in Long Island choose motorcycles as their primary mode of transportation in the warmer months. Unfortunately, other drivers don’t always watch out for motorcycles the way they should, and it can be just a few seconds between everything being fine and a life-changing accident.
Motorcycle accidents are incredibly common in New York, but they can also have devastating effects. If you’ve been injured, you may have to deal with police officers asking for statements and doing their investigation or the insurance company for the other party. It’s normal to want to settle everything as soon as possible after a motorcycle accident, but insurance companies will often try to get you to take a lowball settlement offer when you may be able to get much more through the courts.
If you or a loved one has been injured in a motorcycle accident, it’s important to have an experienced motorcycle accident attorney on your side. MontanaroLaw P.C. has experience handling motorcycle accident cases involving all types of injuries, and our team knows how to help you present your case in the most effective way. Contact our Long Island office to schedule your free consultation.
Can I File a Personal Injury Lawsuit If I Am Injured in a Motorcycle Accident?
If you were injured in a motorcycle accident and it was determined to be at least partially the other party’s fault, you may have grounds to file a personal injury lawsuit. A motorcycle accident is treated like any other motor vehicle accident when it comes to the New York civil court system. The two main things that motorcycle accident lawyers have to prove to win your case are that you were injured as a result of the crash and that the other party is at least partially at fault and can legally be held liable.
However, filing — and then pursuing — a personal injury lawsuit isn’t as simple as it sounds. This is a serious legal matter, and it’s important to have a knowledgeable motorcycle accident attorney to represent you and fight for your interests.
Who Decides Who Is at Fault for a Motorcycle Accident?
When an accident occurs, it’s common for the parties involved to blame each other. The police officers who respond to the crash will also do their own investigation and try to determine who was at fault legally. If the other party’s insurance company is trying to get you to settle, they may try to convince you that you were at fault so that you don’t think you have a case.
However, determining liability in New York is more complicated than this when it comes to determining whether you have grounds for a personal injury lawsuit. In our state, motorcycle accidents don’t have to be 100% the fault of one party or the other. New York allows for partial liability, which means that even if the court finds that you were partly at fault for the accident, you may still be able to get some compensation. If you’re not sure if you have grounds for a personal injury case after a motorcycle accident, it’s best to talk with an attorney to find out more about your options.
How Much Compensation Am I Eligible For?
When you’re considering going through the process of filing a lawsuit for a motorcycle accident, how much compensation you’re eligible for is a common question. And the answer is that it depends on the circumstances surrounding the accident, who was at fault, the type and severity of the injuries sustained, whether ongoing medical care was needed, and if your case qualifies for an additional award for pain and suffering. We go into more detail on the most common factors that go into a compensation award below.
Immediate Medical Needs
Motorcycle accidents often cause severe injuries due to the fact that the rider has little to no protection against the impact of the crash. This means that there may be major medical care required immediately. This could include:
- Ambulance transfer
- Life flight to another hospital
- Emergency surgery
- A lengthy ICU stay
You’ll likely be aware that your immediate medical bills are going to be high, but it can take a few months to get the actual bills and know what the total out-of-pocket costs are. This is why it’s important not to take an early settlement from the insurance company. A motorcycle accident attorney can evaluate your case and help you determine the amount of compensation you should file for.
Ongoing Medical Bills
Severe injuries resulting from a motorcycle accident often require ongoing care, such as multiple surgeries, lengthy therapy sessions, and lots of follow-up doctor visits. Some victims may also require special medical equipment or adjustments to their homes to be able to live and function independently after their injuries.
All of these medical costs can be factored in as part of your medical bills when it comes to determining your compensation amount. Your attorney will go through your case to determine the amount of any known medical bills and what may still be outstanding or expected based on your injuries and treatment plan. This can help you arrive at a reasonable amount to the request from the courts in your lawsuit.
Time Off Work
If you are injured in a motorcycle accident, you will likely need at least a few days to recover before returning to work. But if your injuries are severe, you could be facing weeks or months off from work. It is not uncommon for motorcycle accident victims to max out their paid leave and have to start taking unpaid time off of work. In extreme cases, the person’s injuries may mean that they are not ever able to return to their job, leading to loss of income and unemployment.
All of this can be factored into your compensation amount by the courts. If the accident caused you to have to take unpaid time off work or leave your job entirely, that loss of income is an important aspect of your case to talk with your attorney about.
Pain and Suffering
When people are injured in motorcycle accidents, financial hardship isn’t the only type of damage, and the court recognizes this possibility. The New York courts provide for the possibility of asking for compensation beyond any medical expenses. You can also ask for a dollar amount that covers your physical pain and emotional suffering as well as how those aspects may alter your quality of life.
It can be more difficult to convince the courts to award damages for pain and suffering than for outright medical bills, which are easy to prove and total. But that’s where your attorney can be of benefit. They know how to approach the case and what evidence to show that your pain and suffering have been significant and is deserving of compensation.
What Are Common Motorcycle Accident Injuries?
One reason that motorcycle accidents are often serious is that a motorcycle doesn’t provide the same level of protection against an impact as a regular vehicle does. Riders may be thrown from the bike, can end up getting run over by another vehicle after impact, or may sustain severe head trauma even if they are wearing a helmet. Below is a list of common motorcycle accident injuries:
- Crush injuries to the lower body
- Amputated limbs
- Spinal injuries
- Road rash and subsequent infections
- Punctured lungs
- Broken bones
- Severe loss of blood
- Traumatic brain injury
Can I File a Wrongful Death Lawsuit If a Loved One Is Killed in a Motorcycle Crash?
If your loved one has been killed in a motorcycle crash and it was caused by someone else’s negligence, you may have grounds for a wrongful death case. In these types of cases, your attorney argues that the death would not have occurred if the person had been operating under the parameters of normal caution and care.
Motorcycle accident lawyers have the knowledge and experience to evaluate your case and let you know if there is a possibility of filing a wrongful death. They can go over the details of your case, inform you of the possible paths forward and probable outcomes, and guide you through each step if you decide to pursue a lawsuit.
Is There a Statute of Limitations for Filing a Lawsuit After a Motorcycle Accident?
Before you file a lawsuit, it’s always important to be aware of any time limitations. This ensures that you don’t miss out on what you may be entitled to on a timing technicality. The statute of limitations varies depending on what the crime or issue was. That’s the premise of the lawsuit. In New York, the statute of limitations to file a personal injury lawsuit is three years. This means that you must file the initial lawsuit within three years of the accident in order to seek compensation through the courts.
How Can a Motorcycle Accident Lawyer Help Me?
A motorcycle accident lawyer serves a very specific function when you hire them to help you with your case: they are your voice in the court system. Your injury attorney can talk to the other party and their representation on your behalf. They can try to negotiate a settlement out of court, and they can file a lawsuit if you choose to pursue a personal injury case.
Our motorcycle accident attorneys are well-versed in how these types of cases work, and they know what things to look for and ask about to ensure that you can present the most thorough case possible. Hiring an attorney means that you don’t have to worry about ensuring the paperwork is filed correctly or that the appropriate parties are served or subpoenaed.
If your case goes to trial, your attorney will be able to advise you on how to answer questions and will take care of preparing a witness list. They know when to object and how to file motions regarding evidence, so all you have to do is collaborate with your attorney by telling them everything that you know and then letting them take over from there.
If the court doesn’t find it in your favor, your attorney can also advise you if you have grounds to appeal the decision and start that process right away. If you have any questions about what a motorcycle accident attorney does or how they can help you with your case, call our office today.
Injured in a New York Motorcycle Accident? Contact MontanaroLaw P.C.
When it comes to filing lawsuits related to motor vehicle accidents in New York, including motorcycle crashes, it often comes down to who has the better attorney. And at MontanaroLaw P.C., we are prepared to argue your case to the full extent of our abilities. We have the experience and knowledge required to navigate the legal system. We have a strong track record of successfully representing our clients and helping them get the compensation they deserve.
Our team is standing by to talk to you about your case and how we can help. Our motorcycle accident attorneys serve clients in the Long Island area, including Nassau County and Suffolk County. You can call our office at (516) 203-1700 to get started or send us an email to find out more about our services.
