A motorcycle accident attorney can help protect your legal rights and assist you in obtaining the compensation you deserve for your injuries. They will work on building a solid case and negotiate with the insurance company to maximize your settlement.
Compensation is split into several types of damages that scale in value depending on the severity of your consequences. Your attorney will work to recover your medical expenses, property damage, and pain and suffering.
Gathering Evidence
Bringing a claim against an at-fault driver for your injuries requires more than just reciting facts. To strengthen your case, you must prove that you incurred actual losses and were directly impacted by the accident. This involves gathering evidence to support your claims of medical expenses, lost wages, and other damages with the aid of a motorcycle crash attorney. Your attorney can help gather this evidence, including the police report, witness statements, photos, and video footage.
Additionally, your rider history may provide valuable information. Having a track record of safely riding your motorcycle and following traffic laws can help convince the jury or judge that you are an honest and credible plaintiff. Your medical records can also demonstrate the severity of your injuries, thereby establishing the value of your losses.
Negotiating with the Insurance Company
After a motorcycle accident, victims often face high medical expenses and other costs. An experienced attorney can help identify all sources of compensation, including third-party claims and uninsured/underinsured motorist coverage.
Your lawyer can also work to recover your losses from the at-fault party or their insurer. This includes damages for your medical bills, property damage, lost income, and more.
Your attorney can use evidence like medical reports and expert testimony to support your compensation claim. They can also counter any accusations that you caused the accident based on New York’s pure comparative negligence laws. This is especially important because most cases settle through negotiations rather than trial.
Filing a Claim
Unlike drivers of cars, motorcyclists do not have access to the no-fault insurance that provides basic compensation. As a result, they must rely on their own private health insurance or public programs such as Medicaid or Medicare to cover medical expenses and other costs related to a car accident.
To maximize your potential for obtaining compensation, it is essential to begin collecting evidence immediately after the accident. This is why a motorcycle crash attorney should be engaged as soon as possible to collect witness testimony, photographs of the accident scene before vehicles are moved, and other evidence that might disappear or become damaged over time.
Your lawyer can pursue compensation from other sources, including your own uninsured/underinsured motorist coverage or a third party. For example, if poor road conditions cause your injuries, you may be able to sue the government entity responsible for the road’s maintenance.
Negotiating a Settlement
To support your claim for damages, your attorney will gather and present the appropriate documentation to prove your injuries and losses. It may include receipts for medical expenses, notes of lifestyle changes you have had to make, and correspondence with your employer about lost income.
The compensation received after a motorcycle accident depends on the severity of the injuries and how they affect daily life. Your lawyer will work with your doctor to determine when you reach maximum medical improvement so they can calculate a fair and reasonable settlement amount for your injury.
If the insurance company is unresponsive or offers a low settlement, your lawyer will employ their communication and negotiation skills to pursue a higher offer. If necessary, they will take your case to trial.
Filing a Lawsuit
Since motorcycles are expressly excluded from no-fault insurance laws, injured riders must seek compensation from other sources. It includes private health insurance, Medicare or Medicaid, and third-party liability policies.
Taking safety measures when driving a motorcycle is essential to minimize the risk of accidents, which can cause severe injuries and prolonged pain. These injuries also impact quality of life, including losing enjoyment of hobbies and social activities. A lawyer can determine how much your damages are worth, using experts such as medical and accident reconstruction specialists to support this calculation.
If the insurance company refuses to provide a reasonable settlement, your lawyer can initiate legal action in court against the responsible party to support your claim. They will continue to advocate for your best interests and manage the legal process on your behalf.
