For the years of 2012 to 2014, the New York Department of Motor Vehicles reports that an average of 150 people each year died in motorcycle accidents. During that time, more than 1,500 motorcyclists wound up in the hospital, and almost 4,500 sought emergency room treatment per year.
If you were in a motorcycle accident and sustained injuries, a motorcycle accident lawyer in Patchogue, Long Island can help you file a liability claim with the responsible party’s insurance company. Contact the motorcycle accident lawyers of Gacovino, Lake & Associates, P.C. at 631-600-0000 to learn more.
Who Is Liable for Your Motorcycle Accident and Injuries?
If the negligence of someone else led to your accident, that person likely has liability for your injuries.
Proving negligence in a motorcycle crash requires your lawyer to demonstrate the four legal elements of negligence, which are duty of care, breach of duty, causation, and actual damages.
For example, other motorists on the road owe a duty of care to abide by the law, follow posted speed limits, and not drive while distracted or impaired. If someone breached their duty of care and your accident was the result, he or she may be liable for your damages.
A motorcycle lawyer can explore the details of your accident and review the available evidence to determine whether they can prove negligence. If so, your lawyer can help you pursue a financial settlement from the at-fault party and their insurance company.
What Is the Value of Your Motorcycle Accident Claim?
As a part of proving negligence, your lawyer must demonstrate that you had actual (provable) damages.
Your motorcycle accident lawyer will build your claim based on your actual damages, including your medical treatment and care costs, doctor bills, and related expenses.
Your claim should also include any wages or income you lost because your injuries prohibited you from working for some time. You can also include the cost to repair or replace your bike and any out-of-pocket costs.
If you require ongoing medical care, your lawyer can use statements from your doctor and testimony from medical care experts to substantiate the value of your future needs. Your lawyer can also include your projected future lost wages and, if applicable, diminished earning capacity.
If you sustained emotional or psychological damage, your lawyer could include the cost of treating those, along with pain and suffering.
Finally, your lawyer will include any permanent disability or disfigurement — such as amputations, paralysis, paraplegia, etc. — in the value of your claim.
Although you will have to consult your motorcycle accident lawyer to determine the specific value of your claim, this should give you an idea of how to determine the approximate value of the settlement your attorney will pursue for you.
Do You Need a Motorcycle Accident Lawyer to File a Claim?
Legally, you can pursue your financial settlement from the at-fault party or their insurance carrier on your own. However, you can expect to run into roadblocks along the way, especially if you do not know the New York personal injury and negligence statutes.
The insurance company has one role in your accident claim, and that is to reduce its exposure. This involves its adjuster asking questions or requesting additional documentation in search of anything it can use to minimize your claim, and therefore, the amount it must pay you. If you are not careful, you could unwittingly give the insurance company ammunition to use against you.
An attorney can take over dealing with the insurance company and protect your rights. He or she knows the tactics insurers use and how to respond to them. When you have a motorcycle accident attorney working on your behalf, you can focus on the important task of healing from your injuries while your lawyer works on building a strong case for your settlement.
How Can a Motorcycle Accident Lawyer Help You?
A motorcycle accident lawyer can obtain the evidence necessary to support your claim, including interviewing witnesses, obtaining photos of the crash scene, and obtaining testimony from medical experts.
Your attorney will also handle negotiating with the insurance adjuster or their lawyers, to arrive at a settlement that will provide for your current and future needs.
Your lawyer will also help ensure that you do not make any statements or sign any documents that compromise your legal right to collect a settlement.
If the insurance company refuses to negotiate in good faith for a fair settlement, your lawyer can file legal action and make your case in court.
Consult a Motorcycle Accident Lawyer in Patchogue, Long Island Today
The personal injury lawyers of Gacovino, Lake & Associates, P.C. understand the challenges you face after sustaining serious injuries. We offer a free, no-obligation consultation. Contact us today at 631-600-0000.