What a motorcycle accident lawyer does includes helping their clients through the traffic accident claims process, protecting their rights, and representing them in court, if necessary. Like other personal injury lawyers, motorcycle collision attorneys advocate for their clients’ best interests, including filing their claims and negotiating for fair settlements.
Unlike other traffic accident cases in New York, lawyers representing motorcycle accident victims do not have to prove their clients suffered serious injuries as defined in New York Insurance (ISC) §5102(d) as those injured on motorcycles qualify for an exception to the no-fault law. This law does not apply to two-wheeled vehicles such as motorcycles. Motorcycle crash victims are allowed to take legal action regardless of the severity of their accident injuries, as long as their attorney demonstrates that the other driver caused the collision.
Your Attorney Will Investigate and Gather Proof for Your Claim
As a part of representing you, your New York motorcycle collision attorney will gather evidence to support your claim. This requires us to investigate the accident and determine what happened, why, and who was involved. When called for, we work with accident reconstruction experts who contribute important data and insight to this process.
We also need to prove your ongoing and future needs, as well as your intangible losses. To this end, we may work with other experts, including:
- Doctors and other medical professionals
- Vocational rehabilitation specialists
- Lifecare planners
We will use their statements and other evidence to build the strongest case possible for your claim. We will work to develop a case that stands up to scrutiny, either from the insurer or in court, if that becomes necessary. Recoverable expenses and losses in this type of accident case include medical treatment and related needs, lost income, motorcycle repairs, pain and suffering, and more.
Let Us Handle the Accident Claims Process
From beginning to end, our lawyers represent our clients’ best interests. We handle our clients’ claims, seeking a financial recovery that compensates them for their accident-related damages. We identify the liable party, prepare and file the claim, and negotiate for a settlement that allows them to pay for their medical bills and other accident-related expenses. We will manage the entire process for you while you take care of your physical and emotional needs.
Filing an insurance claim generally leads to settlement negotiations, during which we attempt to reach an out-of-court agreement for an appropriate payout on behalf of our client. We determine what a proper settlement will look like based on our investigation into their case and the value of their damages.
Your Lawyer Will Represent You at Trial When Necessary
What a motorcycle accident lawyer does includes representing you and presenting your case in court if this becomes necessary. While most cases settle at the claim level and do not require a court appearance, some cases take legal action.
If the insurer denies your claim, alleges contributory negligence, or refuses a fair settlement, your lawyer will file the paperwork in a New York City Civil Court or another court that has jurisdiction, or the power to decide this type of dispute between the parties involved. This paperwork names the at-fault motorist as the defendant and requests to have a judge preside over the case. This could allow you to recover a payout supported by the evidence your lawyer presents to the judge and jury in the courthouse at the time of trial.
Your attorney and their team will keep you updated on your case throughout this process and help you prepare for court unless they reach a settlement before the trial begins. They will ensure you know what you need to before your court date and do not feel apprehensive.
We only have a short time to take a case to court, if necessary. Per New York Civil Practice Laws & Rules (CVP) §214, our client will lose the right to file a civil suit if we miss this deadline. However, there are other deadlines to consider, as well. We need to know about your case and begin our investigation as soon as possible to ensure we have access to all the evidence to build a strong case.
Talk to Our Team About Your New York Motorcycle Crash Today
Our motorcycle accident attorneys will handle your claim and protect your right to hold the at-fault motorist accountable if the evidence supports it. You can discuss your options for free today with a team member during your initial consultation. We meet with potential clients anywhere in the New York metropolitan area, including on Long Island. Let us come to your home, hospital room, rehabilitation facility, or another convenient location.
To speak with Friedman & Simon, L.L.P. about your New York motorcycle accident case, call (516) 932-0400 today. We accept cases based on contingency fees.