Motorcycle Accident Law in New York If you've been involved in an accident with a motorbike it's important to know your legal options. 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 can be complicated. In many cases, it's an excellent idea to engage an attorney with experience handling motorcycle accidents. A lawyer will be capable of guiding you through the legal and insurance requirements that apply to accidents involving motorcycles to ensure you receive the maximum amount of compensation. Statute of Limitations The statute of limitations in New York is a time limitation that limits the amount of time you have to submit a personal injury lawsuit in the court. You may lose the chances of receiving compensation from the party who was negligently responsible. The statute of limitations in the majority of cases is three years from the date of accident. Some cases have a shorter time limit. For instance, medical malpractice cases have a one year statute of limitations. If you file a Notice of Right to Arbitration prior to the expiration of this deadline and you wish to extend the time limit and continue to pursue your case. You should never attempt to determine the statute of limitations on by yourself. This is a complex legal matter which requires the help of an experienced lawyer. In the event that you do, you risk missing the opportunity to get the full settlement you deserve following your motorcycle accident. The law allows exceptions to the statute of limitations, and these exceptions are often beneficial in your motorcycle injury case. The discovery rule is one exception. This exception is based upon the notion that injuries happen over time and can be difficult to determine how severe they are until a specific time. A New York lawyer can help you learn about your legal rights. They will explain your rights and help you navigate the steps required to file a lawsuit. They can also assist you gather evidence to prove your case and ensure you receive the maximum amount of compensation you can get. If you've been injured in a motorbike accident, you need to act quickly so that the party who caused the accident is held accountable. You should also contact an attorney as soon as possible to ensure they locate and secure crucial evidence and speak with witnesses who can give you information regarding the accident. A seasoned NY motorcycle accident lawyer will be able to determine the specific cause of your injuries and work with you to obtain compensation for all damages. This can be used to pay for medical expenses and lost wages, as well as pain and suffering and much more. Strict Liability Strict liability is a legal theory that permits victims to claim damages for injuries resulting from the negligence or recklessness of someone else's actions. Contrary to negligence laws, strict liability doesn't require defendants to prove they were negligent or did not have the intention of creating harm. This type of law is used to hold people accountable for injuries caused by dangerous or unpredictably occurring activities, like dog bites or construction accidents. You may be able file a claim against the seller or manufacturer of the bike if you suffered injuries by the motorcycle. You'll need evidence that shows that the seller or the manufacturer of the bike created an unfit motorcycle, the defect resulted in the injuries you suffered and that you suffered injuries from the defective bike. There are two kinds of motorcycle cases that could be built on strict liability: product liability and breaching warranty claims. A defective product is one that doesn't perform as claimed or is unsafe to be used in the way it was intended. There are three possible reasons why the product may be defective: Design defects: This kind of product liability claim occurs when a product was made in a way that was not properly designed prior to it going into production. This could be due to a problem with the design of the tool or the safety guard. Manufacturing defects: Another form of strict liability product liability case occurs when a product was made in a way that is not correct. This could be due to a problem with the material used to create the product or the way the product was put together. Marketing defects: These are products that do not provide sufficient information or exaggerate their safety benefits. These can be problematic when the product advertises high speeds. Contact Yeboah Law Group if you have been hurt due to a malfunctioning motorcycle. A lawyer can help figure out who is accountable for your injuries and fight to make sure you receive the compensation you're due. Damages A motorbike crash can be a devastating event for the victim. They may lose their capacity to work and pay high medical bills that are difficult to manage. They can also be afflicted with extreme emotional and mental trauma. You may be entitled to compensation if you are injured in a motorcycle accident. This could include medical expenses loss of wages, suffering and pain, emotional trauma, and property damage. There are a myriad of damages a person can receive following a motorcycle accident and the most common are the economic and non-economic. Economic damages are easier to calculate and can be substantiated in a specific dollar amount. The kind of injury you suffered as well as the location and extent of your injuries and other aspects can help determine the value of your claim. For example, an injury that requires surgery or an amputation is more likely result in a larger compensation settlement than an injury that doesn't cause permanent disability. Treatment and medical costs are a typical component of a motorcycle crash claim, so it's important to document your expenses, such as bills, receipts, and invoices. Your lawyer can assist you to ensure that these expenses are not omitted when calculating your compensation. Lost wages and benefits can also be a big factor in determining the worth of your motorcycle accident claim. If you're unable to work due to your injuries, then you're entitled to be compensated for this loss of income. Another type of damage that you may be entitled to is loss of earning capacity, which refers to the amount you could have earned had you not been injured in the course of a crash. This is particularly the case if you are unable to return to your former job. Furthermore, you can collect damages for losses in enjoyment of life. This includes your ability to continue to enjoy the hobbies or other activities you enjoyed prior to the crash. If you were not able to take part in an event or run with your spouse, for example you can seek damages for this loss of enjoyment. Get Assistance It's easy to feel overwhelmed by the legal concerns and responsibilities that can arise following a crash on your motorcycle. You might trying to get your life back to normal following your injuries. It is crucial to seek assistance from a personal injury lawyer as soon as you can. A skilled NYC lawyer for motorcycle accidents can guide you through every step of the process. From gathering evidence and preparing your claim, to filing a lawsuit, they'll make sure that you are treated fairly and receive the compensation that you are entitled to. Even if you don’t have insurance, it's essential to consult with an attorney immediately following an accident. If you wait, you could be a victim of other parties, like insurance companies that are desperate for money, attempting to bring your case to the court and deny you your right to compensation. If you have enough evidence to back your claim and show how the accident caused you injury the insurance company will not give you a payment. A knowledgeable lawyer is essential to ensure that you receive a fair and complete payout for your damages. Your attorney will review your case with you and help you determine whether you have a valid legal claim. They will explain how to collect evidence, such as photos from the scene, eyewitness testimony, reports, and medical records. Your attorney will be there for you from beginning to end regardless of whether you settle your case or go all the way to trial. They will negotiate with the insurance company and go to court when necessary to ensure that you receive compensation for your injuries. If you're considering a personal injury lawyer, ask your friends and family members for recommendations. They'll tell you about their experience with the firm and how they handled their motorcycle accident case. Also, look at the performance rates of law firms to determine if they have been successful in similar cases to yours. https://vimeo.com/709566273 who has a motorcycle accident with a an excellent success rate will assist you in obtaining the compensation you're entitled to.