If you or a loved one was involved in a motorcycle accident, it’s essential to understand what your legal options are. You may be able to file a lawsuit against the at-fault party or their insurance company. However, you should work with an experienced New York motorcycle accident attorney to protect your rights and maximize the value of your case.
It’s common for insurance companies to try to minimize the amount of compensation they have to pay to motorcyclists. In addition to low-ball offers, they also use a variety of tactics to prevent motorcyclists from reaching the maximum amount possible for their losses. A good motorcycle accident lawyer will fight to prevent these ploys and ensure that you receive the maximum recovery possible for your injuries.
Motorcycle Accident Lawsuits Typically Include Both Economic and Noneconomic Damages
In general, motorcycle accident lawsuit can claim damages for pain and suffering in addition to medical bills, lost wages, and property damage. These are called “compensable losses” under the law, and they can be extremely substantial in cases with serious injury.
Some of these losses are easy to calculate, such as the cost of your medical care and related bills. Other losses, such as future losses in income or alterations to your lifestyle, are more difficult to determine. The best way to do this is to work with an experienced attorney who can evaluate your medical and financial losses in detail.
An experienced attorney can also help you identify other forms of recoverable losses, such as the cost of any necessary changes to your living situation and the psychological trauma you suffered. When it comes to determining the overall value of your claim, an experienced lawyer knows that the devil is in the details.
Moreover, a lawyer will know how to present your losses in the strongest possible light. They will be able to show how your losses were caused by the crash and what impact it has had on your life. They will be able to explain your accident and injury claims to a jury so that they can be understood by the average person.
Another thing to consider is that motorcyclists can sometimes be held partially responsible for their own accidents if the other driver was negligent or reckless. This is because the law requires that you exercise reasonable care on the road, and the other driver’s conduct was unreasonable given the circumstances.
If the other driver’s negligence causes death, the estate of the deceased can sue for wrongful death. This includes immediate family members, as well as any dependents the deceased had, such as children. In some cases, the estate can also sue for product liability if the deceased was using a defective product.
In many cases, it will be necessary for an attorney to hire experts. These may include medical professionals and investigators who can reconstruct the accident scene and provide testimony about the injuries and losses. They can also assist with finding witnesses who can corroborate your claims.