Long Island Motorcycle Accident Lawyer
Each year, many motorcycle riders are struck by negligent drivers in Long Island. There are several types of negligent conduct that can lead to motorcycle crashes. For instance, a biker may suffer a crash because another motorist was speeding, tailgating, or driving distracted.
Negligent drivers in Long Island can be held accountable for motorcycle accidents they cause. There are multiple categories of monetary damages that may be recovered by plaintiffs in motorcycle accident lawsuits. However, defendants are usually represented by insurers who will try to dispute crucial aspects of plaintiffs’ cases.
If you incurred injuries because of a motorcycle crash in Long Island, get help acquiring the financial compensation you deserve. Get in touch with our experienced Long Island motorcycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.
Time Limit to File a Motorcycle Accident Lawsuit in Long Island
Time limits to file certain types of cases are set forth by states’ statutes of limitations. According to C.V.P. Law § 214, you will usually have three years from the date of a motorcycle crash to file a lawsuit in Long Island. Noncompliance with this time line could cause you to miss out on financial compensation.
Still, even if you may have three years to bring your case to court, you should contact our Long Island motorcycle accident lawyers right away after your crash. There are many other requirements that must be adhered to when filing a motorcycle accident case. For example, plaintiffs must bring their cases to the correct courts, attach supporting documents, pay any filing fees, serve defendants, and avoid filing frivolous claims. If you fail to satisfy any of these conditions, you may have to re-file your case. Our team can help ensure that you comply with the required conditions for filing a claim. Furthermore, the earlier you attempt to bring your lawsuit to court, the more time you afford yourself to re-file your case if necessary.
Elements of a Long Island Motorcycle Accident Lawsuit
The process for recovering damages in a motorcycle accident lawsuit can be tiresome and frustrating. Cases may take weeks to months to years to complete. Furthermore, there is a wide array of different legal analyses that may or may not apply to a particular case. However, every plaintiff must establish the following general elements for their claims to prevail:
- The defendant was under a duty of care
- The defendant did not adhere to their duty of care
- You were hurt because of the defendant’s breach of duty
- You suffered damages because of your injuries
Each of the aforementioned elements must be present in order to recover payment in a motorcycle accident lawsuit. During your free case review, our Long Island motorcycle accident lawyers can help determine if the necessary elements have been satisfied. Accordingly, you can accurately evaluate the strength of your case.
What if You Share Fault for Your Motorcycle Accident in Long Island?
Plaintiffs who share a portion of the blame for their accidents will still be able to recover financial compensation. New York courts adhere to the doctrine of pure comparative negligence when assigning damages in motorcycle accident lawsuits. This means that monetary damages will be awarded based on percentages of fault. For example, if you were considered 40% to blame for your crash while the defendant is 60% responsible, then the defendant will have to compensate you for 60% of the damages caused by the accident while you will account for the remaining 40%.
Furthermore, plaintiffs in motorcycle accident lawsuits may even recover compensation if they were over 50% responsible for their accidents. Our experienced Long Island motorcycle accident lawyers can help recover the full range of compensation available to you.
Settling a Motorcycle Accident Lawsuit vs. Taking a Motorcycle Accident Lawsuit to Trial in Long Island
Typically, plaintiffs in motorcycle accident cases will have to choose between reaching a settlement agreement or taking their case to trial. When parties to a lawsuit reach a settlement agreement, the defendant will pay a certain amount of monetary damages to the plaintiff and their case will be voluntarily dismissed. By settling early, you may recover financial compensation sooner. Furthermore, you may save on several expenses associated with taking a case to trial. For instance, plaintiffs who take their cases to trial may have to pay additional court fees, attorneys fees, and expert witness fees.
Still, reaching a settlement agreement is not always the right choice. Defendants and their insurance companies usually try to settle cases for as cheaply as possible. By taking your lawsuit to trial, you may recover additional compensation that you were not offered during settlement negotiations. However, if you are unsuccessful at trial, you may receive nothing for your injuries. Our Long Island motorcycle accident lawyers can help assess any settlement offers in your case. Accordingly, you can more easily decide if going to trial is the right choice for you.
Common Injuries Caused by Motorcycle Accidents in Long Island
Victims of motorcycle accidents can incur many serious types of harm. The following are common injuries caused by motorcycle accidents in Long Island:
Rider’s arm is a type of injury that happens when motorcycle riders try to protect themselves from oncoming collisions by placing their arms in-front of them to brace for impact. When this occurs, riders often suffer nerve damage in the affected arm. Our team can help injured riders find the right doctors to treat rider’s arm.
Traumatic Brain Injuries
Traumatic brain injuries are another common type of injury caused by motorcycle accidents. These types of injuries can produce a wide range of painful and debilitating symptoms. Victims can contact our Long Island motorcycle accident lawyers for help recovering both economic and non-economic damages related to their traumatic brain injuries.
Also, many victims of motorcycle accidents suffer broken bones. Broken bones can be very painful and may take a long time to heal. In severe cases, injured riders with broken bones may require surgical treatment.
If You Were Hurt Because of a Motorcycle Crash in Long Island, Our Attorneys Can Help
If you were injured because of a motorcycle crash in Long Island, seek assistance from our experienced Long Island motorcycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.