The best way to file a motorcycle accident lawsuit in NY is to hire a law firm to assist you. These legal actions often require a great deal of work, from collecting evidence and filing paperwork to, potentially, negotiating with the at-fault party’s insurance company.
A New York motorcycle accident lawyer is familiar with this process and will handle everything for you. The only thing you would have to do is make the big-picture decisions, such as whether you want to settle a case or go through with a trial.
In This Article
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- Steps for Filing a Motorcycle Accident Suit in New York
- What Happens After You File a Lawsuit in New York?
- The Benefits of Hiring a Motorcycle Accident Lawyer
- Do You Have to File a Lawsuit to Get Money for a NY Motorcycle Accident?
- Our NY Motorcycle Accident Lawyers Are Here for You
Steps for Filing a Motorcycle Accident Suit in New York
The exact process for filing a lawsuit varies from case to case, but the general steps are as follows:- Collect evidence that proves the at-fault party’s negligent or reckless behavior caused or contributed to your crash
- Collect evidence that proves the financial value of your economic and non-economic damages
- File the lawsuit with the appropriate court and serve notice on the liable party
What Evidence Do You Need to Prove a Motorcycle Injury Case?
Different kinds of evidence are available depending on how, where, and when your accident occurred. Common materials that our lawyers collect include:- Accident reports
- Photos
- Video from traffic cams, dashcams, and other sources
- Witness and expert statements
- Medical records
- Financial and employment records
- Cell phone records
- Motorcycle repair estimates and bills
- Prior complaints or court filings against the at-fault party
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What Happens After You File a Lawsuit in New York?
Once you have filed your suit, there are generally two possible ways forward. First, the insurance company might offer to negotiate a pretrial settlement with you. If this happens, your lawyer will communicate with their representatives and pursue a settlement that reflects your full damages. Second, you might have to take the liable party to trial. This requires you to present your case in a courtroom setting by:- Delivering opening and closing arguments to the judge and jury
- Submitting evidence to the court and explaining to the jury how it supports your case
- Submitting any other paperwork the court might ask for, like legal briefs
- Questioning friendly witnesses and cross-examining witnesses brought by the defense
- Following all courtroom rules and procedures
- Objecting if the defense tries to break any of those rules
The Benefits of Hiring a Motorcycle Accident Lawyer
Not getting legal assistance is one of the biggest mistakes to avoid after a motorcycle crash. The insurance company knows you are in pain and inexperienced with the law, and they will do everything possible to use these facts to their advantage. Protect your rights by allowing our law firm to manage your case on your behalf. We will determine if filing a motorcycle accident lawsuit is appropriate in your case and represent you in the courtroom, so we will represent you throughout the legal process and prepare you for any required appearances. We also:- Keep you informed about what is going on
- Identify who is liable
- Manage communications between all involved parties
- Collect and analyze all necessary evidence
- Tell you what damages you are entitled to and what their financial value is
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Do You Have to File a Lawsuit to Get Money for a NY Motorcycle Accident?
For some accident victims, yes, a lawsuit is the best or only way to secure the money they need to pick up the pieces after a devastating collision. For many others, however, it is not the only option on the table. Before filing a lawsuit, you and your lawyer should consider the pros and cons of filing an insurance claim. Claims often start out similarly to lawsuits: you must collect evidence to prove your story and notify the insurance company of your claim. After that, however, the process diverges:- If the insurance company approves your claim, you could receive the amount you asked for relatively quickly.
- If the insurance company disagrees on how much your claim is worth, they might agree to negotiate with your lawyer until both sides come to a settlement agreement.
- If the insurance company refuses to reply or to engage with you at all, we will consider whether filing a lawsuit might compel them to cooperate.
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Our NY Motorcycle Accident Lawyers Are Here for You
Call Friedman & Simon, L.L.P., today for a free consultation with a member of our team. We will make sure you understand what goes into filing a motorcycle accident lawsuit in NY and how our lawyers will work with you to make that process as stress-free as possible.Call or text (516) 932-0400 or complete a Free Case Evaluation form