Smithtown, NY Motorcycle Accident Lawyer
When injured in a motorcycle collision in Smithtown, victims can often recover the compensatory damages they deserve by suing a negligent driver.
To start your case off well, report your motorcycle accident immediately after it occurs in Smithtown. Then, begin gathering evidence. With help from our attorneys, you can compile proof of fault that enables you to speed up your case down the road. Motorcycle accident claims must be filed within three years of a crash. Settlement negotiations can lengthen the recovery process and might be unsuccessful, depending on a defendant’s willingness to pay a victim what they need. Though sometimes time-consuming, going to trial can lead to victims claiming greater damages in Smithtown.
Call our Smithtown, NY motorcycle accident lawyers at (631) 910-7493 to get a free analysis of your case from The Carrion Law Firm.
Timeline of a Motorcycle Accident Claim in Smithtown, NY
If you were recently hurt in a motorcycle collision in Smithtown, there are certain steps you can take to help ensure the success of your future claim against a negligent party. The process begins immediately when victims report an accident. What follows is gathering evidence, filing a claim, and recovering compensatory damages.
Reporting the Accident
Because motorcycle accident claims can be difficult to litigate, it is crucial that victims report accidents as soon as they occur. Self-reporting in the following days is not as helpful to lawsuits as immediately reporting to the police is. So, victims should call the Suffolk County Police Department right away. Officers will include the necessary information about your accident in the crash report, which our motorcycle accident lawyers can access in the following days. If you delay reporting your crash to the police, the success of your compensation claim might be jeopardized.
In the days and weeks after the motorcycle crash and before you file your claim, it is necessary to gather evidence. This typically includes going to the hospital and seeking medical care. Not only is this step important for your health and physical recovery, but also to get medical documentation that shows the extent of your injuries and their cost. Our attorneys will also use this time to gather other evidence that could prove a negligent party’s fault, such as security camera footage, eyewitness statements, expert statements, and photographs. Evidence used in a claim should be capable of meeting the burden of proof in a civil claim in Smithtown.
Filing the Claim
Because personal injury protection insurance does not extend to motorcycle crashes in Smithtown, victims have little choice but to sue for compensation. An at-fault driver’s liability insurance might be insufficient to cover the cost of your injuries, and filing a lawsuit can often result in greater damages for victims. You must bring your claim within three years of your accident. If you do not, you will be barred from recovery entirely. While victims technically have three years to sue, it is best to do so sooner, as bringing a claim quickly after an accident can be more successful regarding recovery.
Negotiating a Settlement
Often, negligent drivers will ask for motorcycle crash victims to entertain the possibility of a settlement. Settling could result in sufficient compensation depending on a defendant’s willingness to resolve the matter and a victim’s desire to go to trial. That said, settlement negotiations take time. Should they move too quickly, a defendant might successfully convince a victim to accept an insufficient settlement. Settlement negotiations for motorcycle accidents can be lengthy, especially considering the sum of damages victims often have. If and when settlement negotiations are stalling, victims can choose to go to trial and have their case heard by a judge or jury. Should you be successful in proving the defendant’s fault, you will be awarded compensation. If you accept a settlement offer from a defendant, you will be unable to then go to court.
The timeline of a motorcycle accident claim ends with a victim recovering compensation. This is a timeline in and of itself, as settlements can be given all at once or over the course of a set period of time. While lump sum settlements are often preferable to victims at first, they are not always available. Structured settlements are typically more common, especially in cases involving considerable damages. You will receive installments over several months or years if you get a structured settlement. This can help you to pay off medical expenses as you are billed.
Average Length of Motorcycle Accident Claims in Smithtown, NY
Motorcycle accident cases are often complicated, leaving many victims to be concerned that the recovery process will take too long to justify suing. While that is understandable, even a lengthy claim can result in compensation, making it worthy of filing in the first place.
The length of each motorcycle accident claim is different, as each specific case is different. That said, some factors can lengthen a claim or speed it up. For example, seeking assistance from our attorneys can allow you to uncover more substantial evidence that possibly convinces a defendant to settle at a higher amount. Entertaining futile settlement negotiations can unnecessarily lengthen claims for victims, which is why going to court can be preferable.
When cases are cut and dry, they can be resolved in a matter of months. In other situations, things are much more complicated, and the process can take several years. Though often favorable to victims, going to court can lengthen a claim, as it might be weeks or months before a case is added to the docket. All toll, engaging in litigation is a time commitment, but one that can result in considerable compensation for motorcycle accident victims in Smithtown.
Call Our Attorneys About Your Smithtown, NY Motorcycle Accident
For a free discussion of your case with our motorcycle accident lawyers, call The Carrion Law Firm now at (631) 910-7493.