Have you been involved in a motorcycle accident in New York? Are you looking for compensation for personal injuries and damages caused? Well, let’s look at how to approach a lawsuit and increase your chances of getting compensated.
Motorcycle Accident Laws in New York
For starters, you should know that New York is a no-fault state. What this means is that those involved are required to first seek compensation from their insurance company but there are exceptions in case of a serious injury that resulted from negligence from another motorist.
Let’s look at how to build up a solid case to increase your chances of winning:
Steps to Win a Win a Motorcycle Accident Case
1. Hire a Motorcycle Accident Attorney
Hiring a qualified attorney is the most important step if you are to win a motorcycle accident claim. You should preferably go for Motorcycle accident lawyers that have vast experience when it comes to auto accidents particularly motorcycle lawsuits. A qualified motorcycle accident attorney will help you to file the accident lawsuit seeking compensation for the pain and suffering, inability to work, medical bills, property damage, and economic losses, etc. Ensure that you look into the specialty of the lawyer and the reputation that they have built over time before you sign up for their legal services.
2. Make an accurate estimation
Equating pain with money is easier said than done, but with a competent motorcycle accident attorney, you will be able to come up with the right number equivalent for justice. Again, an experienced attorney is key to you getting the right compensation as they know how to and who to consult for an accurate estimation of the compensation you deserve.
3. Write a convincing accident report
There are many reasons why motorcycle accident cases are discarded and one of them is insufficiency in terms of proving liability. You may leave out necessary information unintentionally because of the personal injury situation you are in or insufficient knowledge in documenting facts and other legal aspects. Your attorney should be able to assist you to write a comprehensive and persuasive motorcycle accident report in a way that proves liability.
4. Determine if you are responsible and plan in advance
As per the New York Motorcycle accident Law, more than one person can be held accountable for the accident. Other than the other driver’s negligence, you may also be blamed for things like not wearing a helmet or being on the wrong side of the road, etc. Being at fault does not mean you are not entitled to compensation although it could reduce the chances. You may still get this settlement but only if you have an experienced motorcycle accident attorney to argue your case well. A good lawyer will collect information about the roles of all parties in the accident and plans a solid case. It is your responsibility to reveal all the details related to the accident to help the attorney in preparing a strong argument.
5. Avoid Costly Mistakes
You should also avoid any costly mistakes that might hurt your claim. Ask your attorney, the dos and don’ts during the process and steer away from those that might be used against you in litigation. Moreover, it would be in vain to file a claim and leave it unfinished!
All in all, winning a motorcycle accident case in New York (or other no-fault states) can be relatively complex, but it can be done. The key is to hire the right motorcycle accident lawyer and then play your part in the case.