Motorcycle Accident Law in New York
It is important to be aware of your legal rights when you have been involved in a collision with a motorcycle. In addition to pursuing third-party claims, victims may also be eligible to receive compensation through their own uninsured/underinsured motorist insurance coverage.
However, this could be complicated. It is recommended for many people to engage an attorney with experience in dealing with motorcycle accidents. A lawyer will know how to navigate the legal and insurance requirements applicable to motorbike crashes, and will help you receive maximum compensation.
Statute of Limitations
In New York, the statute of limitations is a time period that defines how long you must file your personal injury lawsuit in court. You could lose your chances of receiving compensation from the party who was negligently responsible.
The time limit for a claim in most cases is three years from date of the accident. However, certain cases have a shorter deadline. For instance, medical malpractice cases have a one-year period of limitations. If you send a Notice of Right to Arbitration before the expiration date then you may toll the statute of limitations and still pursue your case.
It is never advisable to calculate the statute of limitation on by yourself. This is a complex legal matter which requires the help of an experienced lawyer. You could be denied the entire amount you are entitled to following an accident on the road.
The law allows exceptions to the statute of limitations and these exceptions can be sometimes beneficial in your motorcycle accident case. The discovery rule is an exception. This rule is based on the notion that injuries happen over time and it can be difficult to determine how serious they are until a specific date.
A New York lawyer can help you to understand your legal rights. They will explain your rights and guide you through the process to file an action. They can assist you in assembling evidence to support your claim and ensure you receive the maximum amount of compensation.
If you've been injured in a motorbike accident, it is important to get to work quickly in order that the person who was negligent can be held accountable. You should also contact an attorney immediately to help them find and secure important evidence and speak with witnesses who can provide information about the crash.
An experienced NY
motorcycle accident lawyer will determine the specific cause of your injuries and assist you to collect the damages. The compensation you receive could cover medical expenses loss of wages, suffering and pain and more.
Strict Liability
Strict liability is a legal doctrine that allows victims to recover damages for injuries that result from someone else's reckless or negligent actions. Contrary with negligence laws, strict liability doesn't require the defendants to prove they were negligent or had no intention of inflicting harm. This is a common way to make people liable for injuries caused by dangerous or unpredictable activities, such as dog bites and construction accidents.
If you've been injured by a motorbike and suffered injuries, you could have a claim for damages against the manufacturer or seller of the bike. You'll need evidence to prove that the manufacturer or seller of the bike manufactured a defective motorcycle, that the defect was the cause of the injuries you suffered and that you suffered injuries from the defective bike.
There are two kinds of motorcycle cases that could be founded on strict liability: product liability and breaching warranty claims. A defective product is a product that is not working as advertised or is unsafe to use in the manner it was intended to be used. The product may be defective in one of three ways:
Design defects: A liability situation involving a product which was not properly designed prior to when it went into production. It could include an issue with the engineered design of a tool, for example, or with the safety guard that is on the side of the tool.
Manufacturing defects: This is another type of strict liability product responsibility case. It could be a problem with the material that was used to make the product or in the manner the product was made.
Marketing defects: These products may not be clear enough or exaggerate the benefits to be safe. These could be a problem if the product advertises high speeds.
Contact Yeboah Law Group if you have been hurt by a defective motorcycle. A lawyer can help you determine who is accountable for your injuries and help you get the settlement you deserve.
Damages
A motorbike crash can be a devastating event for a victim. They may lose their abilities or incur high-end medical bills that could prove difficult to handle. They may also suffer extreme emotional or mental trauma.
If you were injured in an accident on a motorcycle you could be able to recover compensation for the damages you sustained. These could include medical costs as well as lost wages, pain and suffering and property damage.
There are a variety of kinds of damages people can be awarded following a motorcycle accident. The most popular are the non-economic and economic. It is easier to determine the economic damage and can be shown in dollars.
The nature of the injury along with the location and severity of your injuries and other factors can help determine the worth of your claim. A claim that requires surgery or an amputation could result in a higher settlement than one that doesn't involve permanent disability.
Medical expenses and treatment are common in a bike accident. It is crucial to keep all documentation, including receipts as well as invoices, bills, and receipts. A lawyer can ensure that these expenses are not discounted in calculating your compensation.
In determining the value and the strength of your claim for a motorcycle accident it is also possible to consider lost earnings and benefits. If you're unable work due to your injuries, you are entitled to be compensated for the loss of income.
You may also be entitled to a loss of earning capability. This refers to the potential earnings you might have earned had you not been injured in an accident. This is especially true if you were unable to return to your previous job.
You can also claim damages for the enjoyment of life. This includes the ability to continue to enjoy hobbies and other activities that you enjoyed before the crash. You can seek damages if you were unable or unwilling run with your spouse.
Get Help
After a
motorcycle accident Law firms crash you might feel overwhelmed by the myriad legal issues and responsibilities involved. You might trying to get your life back on track following your injuries. This is why it's essential to seek the assistance of an experienced personal injury lawyer as quickly as you can.
An experienced NYC motorcycle accident attorney can assist you through every step of the way. From gathering evidence and preparing your claim, to filing an action, they will make sure that you are treated fairly and get the compensation you are entitled to.
Even if you don't have insurance, it's essential to consult with a lawyer immediately after an accident. If you don't act, other parties - like insurance companies that are desperate for money will try to put the blame on you and remove your rights to recovery.
Insurance companies are not going to pay you without evidence supporting your claim and showing how the accident caused you harm. An experienced lawyer is required to ensure that you get a fair and complete payment for your damages.
During the initial consultation your lawyer will discuss how to proceed with your case and assist you to determine if you've got a viable legal claim.