You do not have to go to court for a motorcycle accident in most cases in New York. Starting the claim process to recover financial compensation for your injuries and related damages does not obligate you to proceed all the way through to the trial stage of a case. It is your case and the ultimate decision of how far to go with a claim or lawsuit is always yours to make. If you work with an attorney, they will handle your claim and seek an out-of-court settlement on your behalf. Securing a payout by holding the at-fault driver responsible through the insurance claims process is often possible.
In some cases, however, if motorcycle accident victims want to recover more than is being offered to settle, or in cases where there is no settlement offer, they do need to make an appearance in court or go to trial to hold the at-fault driver accountable and seek a financial recovery. Wherever your case leads, your attorney will be by your side and champion your best interests during this process, fighting for the compensation you deserve based on the evidence they present.
Concerns That Could Lead to Filing a Civil Suit in Your Motorcycle Accident Case
When it is necessary to go to court in a New York motorcycle crash case, it is because your lawyer had to file a lawsuit in civil court. There are several reasons why this could occur. They include:
The Insurance Company Refuses to Accept Responsibility, Denying Your Claim
If the insurer does not believe their policyholder caused your accident and losses, they could deny your claim. If this occurs, in order to make a monetary recovery on your behalf, your attorney will need to present stronger evidence of negligence and liability or move forward with a personal injury lawsuit in the appropriate civil court.
The Insurance Company Believes You Contributed to Your Injuries
Suppose the insurance company believes any action you took—from not wearing a helmet, for example, to speeding or failing to use a turn signal—contributed to your accident or injuries. In that case, it might be necessary to take the case to court. When the victim is partially responsible for a collision, this is commonly referred to as comparative negligence. (That is, we compare the negligence of the parties involved to see and weigh their relative “causal contributions,” to the happening of the accident. The greater an injured claimant’s comparative negligence is, the more it will decrease the value of his or her case. (For example, a person found to be 40% at fault for causing their own injuries, say because of speeding, even though the other driver may have run a red light and is found to have been 60% at fault, can recover only 60% of the value of what their damages are determined to be.
Time Is Running Out to Take Action in Court
There is a deadline for filing a lawsuit under New York Civil Practice Laws & Rules (CVP) §214. If this time limit is approaching and there is no sign of a settlement, your attorney will likely begin the process of preparing a lawsuit just in case it becomes necessary to preserve your rights.
Your Lawyer Will Represent You in Court
If you do have to go to court for your motorcycle accident, your attorney will have experience in representing clients during this process. They should take steps to reduce your stress and help you prepare for court. This includes explaining what you can expect, answering your questions, and guiding you through the appearance or trial.
Your attorney will speak for you in the courtroom unless you need to tell your side of what happened to the judge and jury. If you need to testify, they will help you prepare for this, as well. They will use their experience and compassion to put you at ease and make the entire process go more smoothly.
We regularly file cases in the civil courts of the State of New York. We will use our decades of experience to put you at ease. We have had the experience many times of clients who were nervous and reluctant to testify telling us afterward that it was much, much easier than they expected. Even more importantly, clients have told us that the process of telling their story to a judge and jury helped them feel vindicated and even provided a healing catharsis, realizing that they could actually find the justice they sought.
A New York Motorcycle Accident Lawyer Can Handle Your Claim
We represent motorcycle collision victims in greater NYC. Our staff works to keep clients up to date, assign liability, manage all communications, gather evidence, and put an appropriate settlement value on our clients’ cases.
We serve as passionate advocates for every client, seeking an appropriate settlement that includes care for their injuries, lost income, pain and suffering damages, and more.
We also handle wrongful death claims after motorcycle crashes. If your loved one passed away from their injuries, please accept our heartfelt condolences and allow us to advocate on their behalf. We believe it is a special privilege to advocate on behalf of the surviving family members of motorcycle accident wrongful death victims. We will fight relentlessly to win the compensation you need and the justice your departed loved one deserves.
We need to go to work on your claim as soon as possible, as there are often deadlines in these cases besides the statute of limitations for filing a lawsuit. We must consider the evidence that could disappear as a result of not acting quickly enough, such as video of the accident, eyewitness testimony, and physical evidence. The sooner you contact us about your case, the sooner our investigation can start, the more evidence that may be available and the greater our opportunity to build the strongest case possible on your behalf.
Speak with a Motorcycle Accident Team Member Today
At Friedman & Simon, L.L.P., we have a team member who will discuss your motorcycle accident with you today for free. You can learn more about your case by meeting with us on Long Island or somewhere else in the New York metropolitan area.
Call us at (516) 932-0400 to get started.