The damages you can collect for a motorcycle accident depend on the injuries and losses you experienced in your New York collision. Following a motorcycle collision, New York law allows you to seek compensation for your injuries no matter the severity, according to the New York State Department of Financial Services (NYDFS).
This is important because most traffic accident victims have to prove an exception to the state’s no-fault auto insurance law before they can take legal action to hold the at-fault driver accountable. This law does not apply to motorcycles.
The ability to build an insurance claim or legal case against the negligent motorist who caused your accident is vital to motorcyclists and their families, as they are more likely to suffer long-term, permanent, and catastrophic injuries than the occupants of cars in a collision. Data from the National Highway Traffic Safety Administration (NHTSA) shows that motorcyclists are 28 times more likely to die in a traffic collision than someone in a car.
Types of Damages Available in a New York Motorcycle Collision Claim
The damages you can collect for a motorcycle accident include several types of expenses and losses. They generally fall into various categories, which are discussed below.
Financial Expenses for Motorcycle Accident Injuries
Our team of lawyers believes you should not have to pay for your medical care and other expenses if you did nothing to cause your accident. We will seek compensation for your medical care, including your ambulance ride, treatment, hospitalization, and all related expenses. We also fight for coverage of other financial damages, including rental car costs, vehicle repairs, and more.
Loss of Income
We seek financial recovery not only for the money you had to spend or owe but also for the income you missed out on because your injuries prevented you from working. This includes lost wages, benefits, and other income. If you have permanent injuries and cannot earn your previous wages, we will also request compensation for diminished earning capacity.
Our team will work to put a value on your intangible damages, allowing you to seek compensation for your pain and suffering, mental anguish, emotional distress, diminished quality of life, and other non-economic losses.
When injuries are serious or require additional treatment, there are often future expenses victims will face. We will work to identify and document these expenses and any related losses and include these in our fair settlement value for your case.
Wrongful Death Damages
If you have lost a loved one as a result of a motorcycle accident, we extend to you our heartfelt sympathies. Wrongful death damages are allowed under New York Estates, Powers & Trusts (EPT) §5-4.1. Per this law, you could have the right to pursue a case if you are a surviving family member of a fatal motorcycle accident. Our compassionate advocates will fight for your family while understanding the difficult times you are facing. In wrongful death cases, we are dedicated to winning the compensation you need and the justice your departed loved one deserves.
Calculating a Fair Settlement in a Motorcycle Accident Case
The steps we take to calculate a fair settlement for your New York motorcycle collision case allow us to build the strongest claim possible. As soon as we decide to work together, we will begin our investigation into your case. This requires us to identify your damages, determine the documentation available to prove it, and collect that evidence.
While some expenses and losses are easy to prove using bills, receipts, estimates, and other paperwork, others are more difficult. We may work with expert witnesses to help us better understand your injuries, future care needs, prognosis, and more, including:
- Medical experts familiar with your injuries
- Vocational rehabilitation specialists
- Lifecare planners for catastrophic injuries and ongoing care
Contact our office as soon as possible about your claim to speak with our team about your options. We need to build a case quickly to ensure we can gather all the available, relevant evidence. Some types of evidence do not last long. For example, local businesses often record over surveillance videos within weeks. This could mean losing a video of your collision if we wait too long.
The earlier you contact us, the sooner we can begin our investigation, and the better our opportunity to develop a strong case for compensation will be.
Discuss Your Claim with a Friedman & Simon, L.L.P. Team Member
At Friedman & Simon, L.L.P., we represent motorcycle accident victims based on contingency. If you suffered injuries in a New York motorcycle crash on Long Island or in the New York metropolitan area, we want to speak with you about your potential case. We will meet with you anywhere in our service area, including at any area hospital, rehabilitation facility, or your home.
You can get started with a free consultation with Friedman & Simon, L.L.P. today by calling (516) 932-0400.