When a motorcycle accident in New York leaves you facing an extensive medical treatment, physical recovery is only part of your challenge. The financial burden of surgical procedures, hospital stays, rehabilitation, and lost income can quickly become overwhelming. Understanding your legal options during this critical time can make the difference between financial devastation and proper compensation for your injuries.
At Proner & Proner, with over 60 years of combined experience representing motorcycle accident victims, we understand the unique challenges that riders face when dealing with serious injuries requiring surgical intervention.
Managing partner Mitchell Proner, himself a motorcycle accident survivor who required multiple surgeries after his 1990 crash, brings both personal experience and exceptional legal expertise to cases involving complex medical treatments. Let’s talk about it.
The Reality After Motorcycle Accidents
The financial impact of motorcycle accident injuries requiring surgery can be staggering. Surgery-related costs typically include:
- Pre-surgical consultations and imaging studies
- The surgical procedure itself, including surgeon fees, anesthesia, and operating room charges
- Post-surgical hospital stays and monitoring
- Follow-up surgical procedures (research shows 36% of motorcycle accident patients require second surgeries)
- Physical therapy and rehabilitation
- Pain management treatments
- Medical equipment and assistive devices
- Home healthcare services
For many motorcycle accident victims, these costs can easily reach hundreds of thousands of dollars, particularly for complex injuries involving the spine, brain, or multiple fractures.
Types of Injuries Requiring Surgery After Motorcycle Accidents
Due to the lack of protection motorcycles provide compared to enclosed vehicles, riders who suffer serious injuries in accidents often require immediate and extensive surgical intervention. Common injuries requiring surgery include:
Orthopedic Injuries
Broken bones are among the most frequent injuries in motorcycle accidents, with the average hospital-admitted patient sustaining 2.4 fractures. Complex fractures often require surgical repair using pins, plates, screws, or other hardware. Hip, leg, and arm fractures frequently need multiple surgeries to achieve proper healing.
Spinal Cord Injuries
Spinal injuries from motorcycle accidents often require emergency surgery to stabilize the spine and prevent further damage. These procedures are among the most expensive and may require ongoing surgical interventions throughout the patient’s life.
Traumatic Brain Injuries
Head injuries, particularly common among riders not wearing proper helmets, frequently require neurosurgical intervention to relieve pressure, remove blood clots, or repair skull fractures.
Amputation and Reconstructive Surgery
Severe limb damage may necessitate amputation or complex reconstructive procedures requiring multiple surgeries over months or years.
Internal Injuries
Damage to internal organs often requires emergency surgical repair and may involve multiple specialists.
The amount of time you’re getting treatment, the quality and quantity of visits to doctors, the type of treatment that you get, whether it’s injections, whether you need a surgery, whether you, in fact, have that surgery, diagnostic testing, X-ray, MRIs that come back positive, all these factors will increase the value of your claim.
—Mitchell Proner
Your Legal Rights After a Motorcycle Accident in New York
New York’s legal framework provides important protections for motorcyclists who require surgery after accidents, but navigating these laws requires specialized knowledge. Unlike car accident victims, motorcyclists are excluded from New York’s no-fault insurance system, which creates both challenges and opportunities.
The Challenge: No No-Fault Protection
While car drivers in New York benefit from no-fault insurance coverage that provides up to $50,000 in medical expenses and lost wages regardless of who caused the accident, motorcyclists don’t receive this protection. This means you cannot rely on your own insurance to automatically cover your surgical and medical expenses.
The Opportunity: Full Compensation Rights
The exclusion from no-fault laws also means motorcyclists can sue for the full extent of their damages without meeting the “serious injury” threshold required for car accident victims. This is particularly important when facing extensive surgical costs, as you can seek compensation for every dollar of your medical expenses, lost wages, and pain and suffering.
Legal Options for Motorcycle Accident Surgery Victims
1. Third-Party Liability Claims
If another driver caused your motorcycle accident in New York, you can pursue a claim against their insurance company for:
- All current and future medical expenses, including surgeries
- Lost wages during recovery
- Future lost earning capacity if your injuries affect your ability to work
- Pain and suffering compensation
- Property damage to your motorcycle
2. Uninsured/Underinsured Motorist Claims
If the at-fault driver lacks adequate insurance coverage, your own uninsured or underinsured motorist coverage can provide additional compensation for your surgical and medical expenses.
3. Products Liability Claims
If defective motorcycle parts or safety equipment contributed to your injuries, you may have claims against manufacturers for the additional damages caused by faulty products.
4. Premises Liability Claims
If dangerous road conditions contributed to your accident, claims against government entities or property owners may provide additional compensation sources.
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Why Mitchell Proner Is Your Best Choice for Motorcycle Accident Cases
When facing the dual challenges of recovery and complex legal proceedings, you need an attorney who truly understands both the medical and legal aspects of your situation. Mitchell Proner offers a unique combination of personal experience and professional expertise that sets him apart as the premier choice for motorcycle accident cases.
In 1990, Mitchell Proner was struck by a taxi while riding his 1988 Harley-Davidson Sportster. The accident left him with a broken wrist, ankle, and multiple fractures in his back, requiring several operations and lengthy hospital stays. This firsthand experience of surgical recovery gives him unparalleled insight into what his clients are experiencing.
With over 60 years of combined firm experience, Proner & Proner has successfully handled countless cases involving extensive surgical treatments. Mitchell Proner has recovered tens of millions of dollars for clients, with multimillion-dollar verdicts and settlements achieved every year since the 1990s.
Recognition as a Leading Motorcycle Attorney
Mitchell Proner’s expertise in motorcycle accident law is recognized nationally:
- Attorney Chairman of the National Coalition of Motorcyclists (NCOM)
- Recipient of NCOM’s prestigious “Silver Spoke” Award
- Chairman of the Motorcycle Negligence Litigation Group of the Association of Trial Lawyers of America
- Lifetime member of the Multi-Million Dollar Advocates Forum
- Named one of the “Top 100 Trial Lawyers” by the American Trial Lawyers Association
Getting the Help You Need
Recovering after a motorcycle accident in New York is challenging enough without having to navigate complex legal proceedings alone. Mitchell Proner and the team at Proner & Proner provide the expertise, experience, and personal understanding needed to secure the compensation you deserve while you focus on healing.
Every motorcycle accident case involving surgery is unique, requiring careful analysis of medical records, expert consultation, and strategic legal planning. With Mitchell Proner’s combination of personal experience as a motorcycle accident survivor, extensive legal expertise, and proven track record of success, you can trust that your case will receive the attention and skill it deserves.
Don’t let insurance companies minimize the true cost of your surgical recovery. Contact Proner & Proner today to discuss your legal options and begin building the case that will secure your financial future. Because when you’re facing surgery and recovery after a motorcycle accident in New York, having the right legal advocate can make all the difference.
We return our clients’ phone calls. We are available 24/7, 365 days a year. I give out my personal cell phone number to all my clients, and I tell them they can feel free to contact me at any time. That’s what makes us different.
—Mitchell Proner