What are the Most Vital Steps Involved in Your Motorcycle Accident Claim?
Within the personal injury landscape, we have seen quite an incredible increase in the number of cases being filed year over year, across the country. And more specifically in New York State, as well as the five boroughs of NYC, it seems as though there are more and more negligence related accidents occurring every single day. Whether it’s a car accident, slip and fall, or medical malpractice, such cases are being argued in record numbers and there are more personal injury law firms out there than ever before to meet the demand. Once segment of the personal injury world that has certainly been on the rise of late has got to be motorcycle accident claims. More and more New Yorkers are riding motorcycles than ever before, and with laws becoming more restrictive in some areas, and laxer in others, it can often confuse motorists on how to react when they see one speeding by them, and sometimes abruptly changing lanes right past them. The fact of the matter is, according to the team at Levine & Wiss, the best motorcycle accident lawyers Queens has to offer, as with any other form of personal injury claim, there are certain compensatory damages that an individual is entitled to in the event they have been injured whilst riding their motorbike. However, unlike a conventional car accident, we know much less about motorcycles and therefore, accidents are a bit less easily handled, and we often don’t know what our rights are as a motorbike rider, and when those rights are being infringed on by other motorists. When you work with an attorney such as Levine & Wiss, the best motorcycle accident lawyers Manhattan has to offer, they will assist you in finding out the value of your claim, and help you to prove the negligence as well as how that negligence caused the accident and injuries or damages you might have suffered. In this article, we will be going through the steps involved within a motorcycle accident claim and how those damages are then calculated.
1. Determining the Liability in the Accident
Its important to understand, that like in other personal injury claims, when you’ve been injured or get into an accident on a motorcycle, you must first identify who is at fault and thus bears the brunt of the liability. When you hire an attorney, such as Levine & Wiss, the best motorcycle accident lawyers Queens has in practice, they will establish the relative fault in the case, and help to prove why and how, the defendant is responsible for causing the accident. There are some factors however that can complicate your quest for damages, including if drugs & alcohol were involved, if you were traveling at a high rate of speed, or changing lanes and riding recklessly. These factors can all hurt your case. However, if these complications were not involved or occurred on the part of the other party, then once you prove them you are likely to be granted much higher damages.
2. Examine the Insurance Policy for Each Party
Insurance policies play a key role in any personal injury claim, especially a motorcycle accident claim as the insurance company is generally who will be paying out the damages. Depending on the details of the at-fault party’s insurance policy, it will likely affect what your max settlement can be. in many cases, motorcycle insurance policies don’t come with personal injury protection or PIP, meaning that you will be responsible for your own medical expenses, and will have to file a lawsuit in order for the other party’s vehicle insurance to cover your damages. Generally, the other party’s insurance policy will place limits for how much you can get from a settlement, however, if your damages and bills are higher they may be responsible to pay the difference in a lawsuit out of pocket, as you are filing a lawsuit.
3. How Bad are Your injuries and Medical Costs?
The nature of your injuries is an important factor how your compensatory damages will be calculated. Just like in any other claim, according to the team at Levine & Wiss, the best motorcycle accident lawyers Manhattan has to offer, the greater your injuries or worse they are, the more you are entitled to be compensated for pain and suffering and future medical expenses, as well as for future lost earnings, all your hospital and medical bills, and lost earnings that exist from the time of your motorcycle accident to the present. Its vital that you have an attorney who is experienced with motorcycle accident claims, like Levine & Wiss, the best motorcycle accident lawyers Queens has to offer, as NY’s no-fault laws do not extend to motorcycles and there are specific other laws in place, they must be familiar with to best represent you and understand the best course of action to take.
4. Other Expenses
The final step to your personal injury claim is to calculate all the expenses that you might incur, as well as any earnings and possible income you will lose, as a result of the accident you suffered, due to the other party’s negligence. The fact is that they are responsible for these costs, and this will include everything from bills and travel costs, to pain and suffering and mental anguish. An experienced law firm like Levine & Wiss, the best motorcycle accident lawyers Manhattan has to offer, will ensure you get all that you deserve in such a case.
For more information on such claims and more, be sure to contact Levine & Wiss today.