Did you sustain injuries in a crash while riding your motorcycle? If you were injured in the collision, you may be entitled to pursue compensation. Your personal injury lawyer in Islip can help you take action while advocating for your rights and protecting your interests.
For representation from a motorcycle accident lawyer in Islip, call Chaikin Trial Group Personal Injury Lawyers as soon as possible. Our law firm is home to attorneys with 50 years of collective experience, and we have recovered $100 million for our clients.
What to Expect After Getting Hurt in an Accident
Many motorcycle riders face similar injuries after being involved in a collision with other drivers on the road. Here’s what motorcycle accident lawyers in Islip often notice their clients dealing with in the aftermath of the crash:
- Emergency room visits or hospital stays
- Time away from work with no income coming in
- A damaged bike or a completely totaled motorcycle
- Persistent phone calls from insurance adjusters
- Pain and symptoms that continue to worsen over time
On top of everything, many victims think they have to handle their claim on their own, despite the majority of riders not understanding how the legal system works. People often try to explain their situation and answer questions posed by insurance companies.
Sometimes, motorcyclists end up accepting offers from insurers without realizing that they could have negotiated for more money or taken their time before agreeing to a settlement. With attorneys advocating for you, you’re less likely to make mistakes.
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How New York State Laws Affect the Outcome of Personal Injury Claims
Ask any motorcycle crash lawyer in Islip who has handled motorcycle accident cases in New York, and they will likely tell you that no two cases unfold in the exact same way. Similarly, the aftermath of motorcycle collisions is nothing like what happens after regular car accidents.
The main difference between these two types of collision cases is that New York’s no-fault insurance system does not cover motorcyclists. But what is no-fault insurance? It means your insurance must pay for your medical expenses and certain losses after a collision.
This typically applies regardless of who caused the crash. However, since this doesn’t apply to motorcyclists, your medical bills and any lost wages you missed out on won’t be automatically covered by your insurance.
What to Know About Comparative Negligence
Your attorneys must prove fault according to the state’s negligence law. This means, in order for you to recover compensation for the types of damages in personal injury cases in New York, your attorney will need to show that these three details are true:
- Another driver acted carelessly on the road or violated traffic laws.
- Due to this behavior, they are responsible for the crash.
- You sustained physical injuries and suffered financial losses as a result.
New York also upholds comparative negligence rules under CPLR §1411. As a result, even if you are partially to blame for the collision, you can still pursue compensation. The difference is that the amount of money you can recover will be reduced based on your percentage of fault.
Insurance companies are aware of this rule, and they use it to their advantage when attempting to shift blame onto the victims of motorcycle accidents. However, with lawyers by your side, you’ll have someone actively protecting you from insurers.
Why You Shouldn’t Speak to Insurance Companies Without an Attorney
After a motorcycle crash, many victims are trying to adapt to their new normal and get through the day as painlessly as possible. Unfortunately, insurance companies are often ill-intended, and they will likely approach your case from a business perspective.
Unlike your motorcycle accident attorneys in Islip, it’s important to understand that insurers are not operating with your interests in mind. This is why victims of motorcycle accidents should refrain from engaging in these behaviors after a crash:
- Giving a recorded statement without legal advice
- Saying you feel fine before being fully evaluated
- Missing medical appointments or delaying treatment options
- Posting about the accident or discussing your recovery online
- Accepting a settlement offer without understanding the full extent of the damage
None of these actions seem egregious, but even if you do these things innocently, the insurance company can hold them against you and use them to their advantage. Thankfully, lawyers can prevent this from happening to you.
They can also answer questions like “What is comparative negligence?” or tell you more about the 5 ways motorcycle accidents differ from car crashes in NY.
New York Statute of Limitations for Personal Injury Cases
In New York, motorcycle accident cases must adhere to strict deadlines. In general, as stated by CPLR §214, personal injury claims must be filed within three years of the day the crash took place.
This means your motorcycle crash attorney needs to file your claim before the 36-month statute expires. Now, even though this sounds like a lot of time, it can pass by quickly, and if you wait too long, you might miss out on the opportunity to pursue compensation altogether.
Contact Chaikin Trial Group Personal Injury Lawyers for Legal Advice From a Motorcycle Accident Law Firm in Islip
Are you wondering what your legal options are in the aftermath of a motorcyclist-involved collision? Chaikin Trial Group Personal Injury Lawyers are the ones to call because we have what it takes to handle your case.
From there, we can advise you of your rights and let you know how you can proceed. If you’re unable to make it to our office, we’ll make arrangements to come to you instead. We approach every case with the mindset that it could go to trial, even if we settle outside of the courts.
As a client of ours, we’ll give you your attorney’s phone number so that you’ll have direct access to your lawyer at all times. We treat every client like family, and we move with a unique sense of urgency. Come in as a client, leave as a friend. Contact us today.