You can generally seek compensation for a motorcycle road rash injury. However, you must prove that your injuries were the result of another party’s actions. For instance, if you were rear-ended on your motorcycle by a drunk driver, you could file a claim or lawsuit to seek damages.
Pursuing damages following any type of collision isn’t easy. You have the opportunity to work with a lawyer on motorcycle accident from our firm on your injury case. We can handle everything.
You Can Seek Compensation for the Following Damages After a Motorcycle Crash
Compensable losses in your case can include:
- Your healthcare expenses. Healthline notes that road rash can require skin grafts, cosmetic surgery, and pain medications––all of which come with price tags.
- Lost income. Road rash is painful and can limit your mobility. You could recoup the cost of your lost income, tips, bonuses, and employee benefits, like insurance coverage.
- Loss of future earning capacity. If your condition causes long-term harm to your earning power, you can seek compensation for this hardship.
- Pain and suffering. Road rash doesn’t just affect your body; it affects your mental health, self-esteem, and plans for the future. Pain and suffering accounts for these challenges.
- Property damage expenses. We can seek damages for the harm done to your vehicle.
For a free legal consultation, call 404-214-2001
You Generally Have Two Years to Pursue Compensation
O.C.G.A. § 9-3-33 states that:
- You generally have two years to file a road rash injury lawsuit.
- You typically have two years to file a wrongful death lawsuit.
It’s critical to preserve your legal rights after a collision. Failing to file your lawsuit within the correct period could bar you from seeking financial recovery. Our law firm can evaluate your collision and file your case within the appropriate period.
You Could Also Seek Compensation for These Injuries
Road rash isn’t the only injury that could entitle you to compensation after a motorcycle accident. The following injuries also warrant compensation:
- Broken bones
- Lacerations
- Traumatic brain injuries
- Spinal cord damage
- Internal bleeding
- Organ damage
- Torn ligaments
- Strains and sprains
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What do You Need to Prove to Recover Damages in a Collision?
These principles could apply to your civil case:
Negligence: When Another Party Acts Carelessly or Recklessly
Many motorcycle accidents hinge on the ability to prove negligence. Here, your case must assert the following:
- Another party (like a motorist) had an obligation to act with reasonable care and caution.
- That party failed to act in a manner expected of others in the same situation.
- You were hurt and suffered road rash.
- You have losses from getting hurt.
Strict Liability: When a Defective Product Malfunctions and Causes Injuries
If you were hurt due to a defective product, like a faulty motorcycle, you could have a case against the vehicle’s manufacturer. You don’t prove negligence here. You only prove that you were hurt by the product in question.
To support your case, our firm will consult with engineers, mechanics, and motorcycle experts to determine what defect resulted in your collision.
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How Can I Seek Compensation After a Motorcycle Accident?
You generally have these options when seeking damages:
- You can hire our firm. Our team has decades of combined experience helping injured people in Georgia. We can investigate your situation, gather evidence, and prove your case’s required elements–all while you take it easy and focus on getting better.
- You can handle your case pro se. You can always handle your case without legal help. However, this means that you will be solely responsible for your claim’s progression. Instead of worrying about negotiating a settlement, going to court, or battling a million-dollar insurance company, we can manage those tasks for you.
You May Resolve Your Case Through an Insurance Claim
All road users are required to carry liability insurance, per the Office of the Commissioner of Insurance and Safety Fire. Our attorneys will evaluate the at-fault driver’s coverage policy to determine if it covers your losses. If the other party was uninsured, you can file a claim through your own insurer if you have uninsured motorist protection coverage.
Every insurer must offer you this option, per O.C.G.A. § 33-7-11. Check your auto insurance policy to see what kind of coverage you have.
You May Resolve Your Case Through a Civil Lawsuit
We try to settle many of our clients’ cases through insurance settlements. In some cases, however, we proceed directly with litigation. Here, we file your lawsuit against the negligent party, not the insurer.
This involves:
- Interviewing witnesses and taking depositions
- Gathering evidence
- Proving your case’s requirements
- Evaluating your damages
- Making in-court appearances
- Objecting to unfair motions
- Reviewing state-specific laws
- Citing legal precedent
- Advocating for your rights
In Pain? Connect with a Lawyer from Kaine Law
If you or a loved one suffered road rash from a motorcycle accident, our team can pursue damages on your behalf. Kaine Law offers free case reviews so you can discover your legal options and learn about our legal services. We have a history of positive outcomes.
To connect with our firm, dial (404) 214-2001.
Call or text 404-214-2001 or complete a Free Case Evaluation form
