Getting your injuries compensated after a motorcycle accident often requires the help of an experienced motorcycle accident lawyer. Trying to seek damages on your own from insurance companies can often leave you with less compensation than you need, and a lawsuit might be necessary to get full compensation.
Our Garden City motorcycle accident lawyers can help with your case. We can help you collect evidence, file your claims, argue your case in court, and more.
For a free case evaluation, call the Garden City motorcycle accident attorneys at The Carrion Law Firm today at (718) 841-0083.
Working with a Lawyer for Compensation in a Garden City Motorcycle Accident Case
When you hire a lawyer to help with your motorcycle accident case, there are a few major areas that your lawyer can help with. Ultimately, our Garden City motorcycle accident lawyers can handle most aspects of your case for you so that you can focus on your recovery. This means handling things like collecting evidence, talking to insurance companies, calculating your damages, arranging depositions, and ultimately arguing your case in court if needed.
Our attorneys can also put our experience to work for you. This means using our knowledge and experience with other cases to help maximize the damages paid in your case.
Evidence Needed in a Motorcycle Accident Case in Garden City, NY
To win any injury lawsuit, you need evidence of the claims you are making. In your motorcycle accident case, your evidence will be used to prove three major things:
Evidence of Who Was at Fault
You need evidence proving that the other driver was the person to blame in your case. Some cases are in fact filed against other parties, such as auto part manufacturers, who could be held liable. But most accident claims are going to rely on evidence that builds out the following elements:
- The at-fault driver was the one behind the wheel
- They committed some traffic violation or drove negligently
- That traffic violation caused the crash
- Your injuries resulted from the crash.
Fault primarily deals with the first two elements here: that the defendant was driving and that they did something wrong. Generally, the defendant will be the one who gets out of the driver’s seat and reports to officers at the scene that they were the one driving the vehicle. This creates a strong record that makes it hard for them to deny later.
However, drivers typically will not admit to traffic violations. Some traffic violations have evidence that is indisputable, like chemical testing to show that they were under the influence of drugs or alcohol when the accident happened. Other violations, like speeding or running a red light, will rely more heavily on witness testimony. However, video of the accident could help prove your case. Other evidence might back up your claim as well, such as analyses by accident experts that shows the accident occurred at high speeds based on the damage that resulted.
Even without an explicit traffic violation, evidence showing that they were driving unreasonably is also sufficient. Talk to our Garden City motorcycle accident lawyers about what evidence might be available in your case.
Evidence That the Defendant Caused Your Injuries
To prove that the defendant caused your injuries, you will have to show the latter two elements listed above: that their traffic violation caused the crash and that your injuries resulted from the crash. The defendant will likely try to disprove these claims by arguing that you were in fact the one who was at fault or arguing that some other intervening cause was actually responsible for the injuries. If we lock down each step of what happened with witness testimony and other evidence, we can strongly prove these claims and connect the dots in your case.
Furthermore, evidence that you got medical treatment right away after the crash will help prove that your injuries resulted from that accident and occurred on that day. If you wait to get medical treatment, your opponent will claim that the injuries could have occurred in the days after the accident and that you are just trying to blame them after the fact. Talk to our Garden City motorcycle accident lawyers about what evidence can be used to prove the defendant caused your injuries.
Evidence Proving Your Injuries
Medical records, financial statements, and other bills and records will help show what the accident cost you. These economic losses can include things like medical care, physical therapy, and more. They can also include damages to replace or repair your motorcycle and other losses such as lost wages.
On top of these damages, which are typically proven with bills and financial records, you can also claim compensation for non-economic damages. This includes things like pain and suffering, emotional distress, lost enjoyment of life, and more. Evidence of these damages usually comes in the form of your testimony about your own experiences. Keeping a journal of your pain and suffering can also help show that these damages existed along the way and not just later when you decided to file a lawsuit. Testimony from your family and friends can also help supply evidence.
Deadline to File Motorcycle Claims in Garden City, NY
If you are interested in pursuing an injury claim for your motorcycle accident case, call our Garden City motorcycle accident attorneys as soon as you can. Under C.V.P. Law § 214, you only have only 3 years to file an injury lawsuit in New York. When filing an insurance claim, your policy or the other driver’s policy might actually have sooner filing requirements.
In any case, it takes time to collect evidence and build a case before filing. Start working with our motorcycle accident lawyers as soon as possible to put yourself in the best position to file your case on time and get the damages you need. Late filing can mean having your case blocked entirely.
Call Our Garden City Motorcycle Accident Lawyers for a Free Case Review
To have our Garden City motorcycle accident attorneys review your case for free, contact The Carrion Law Firm today at (718) 841-0083.