Whether it’s your main means of conveyance or a recreational activity you enjoy, motorcyclists have a right to our streets and highways. However, with their lack of protection and susceptibility to blind spots, motorcyclists are at risk of getting hurt in an accident, and Georgia’s growing population only adds to this threat. If you or a family member were in a motorcycle accident, you also have the right to demand compensation from the negligent driver who caused your injuries and losses, and our Athens motorcycle accident lawyers may be able to help.
Kaine Law understands the issues you are facing. With mounting medical debt, lost income while you recover, and the uncertainty of the future, you need help and guidance to secure a recovery that can get you back to your life and family. The Athens personal injury lawyers from Kaine Law can fight for maximum compensation. Call us today for a free case consultation. A member of our legal team can listen to your story and explain your legal options for moving forward.
You don’t have to go through this alone. Get help today.
Damages You Could Claim Following Your Motorcycle Accident
At Kaine Law, our goal as your personal injury law firm is to help you recover physically, emotionally, and financially. We care about our clients’ future and only want to help them get the best possible outcome from their claims. We recognize that every case is unique and have the resources to investigate your accident and build a case that addresses your unique circumstances and needs.
After your motorcycle accident in Athens, you could recoup the following losses:
Past and Expected Medical Bills
Motorcycle accidents can result in severe to catastrophic injuries for riders, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal bleeding and organ damage
- Loss of limbs or functions
These injuries often require medical care from a level one trauma center, such as the services provided at Northeast Georgia Medical Center. The cost of medical treatment can be expensive, but you could seek compensation for the following:
- Hospitalization
- Diagnostic exams
- Medications
- Surgeries
- In-home nursing
- Rehabilitation
- Doctors’ visits
By using your medical bills and testimony from your healthcare team, we can calculate the cost of medical bills you can expect to incur in the future.
Lost Wages and Earning Potential
Based on the severity of your injuries, your injuries could prevent you from working full-time or even at all. By reviewing your employment records and pay stubs, you could be eligible to recover compensation for such losses as these:
- Promotions
- Bonuses
- Tips
- Commissions
- Hourly wages
- Salary
- Employee benefits
We can even account for your reduced earning capacity in your personal injury claim. If you suffer from injuries that impair your ability to work your old job or full-time, you could be compensated for this loss.
Property Damage Expenses
Whether your motorcycle needs repairs or was totaled, we could determine its value and fight for financial recovery on your behalf. Additionally, we can pursue compensation for any personal effects destroyed in the wreck.
Pain and Suffering
Your physical pain, emotional distress, and mental anguish are a compensable loss. We can calculate this expense based on your lost wages, injuries, and expected recovery time.
Disability and Disfigurement
If you are expected to have a long-term disability after getting hurt, we could determine the cost of this hardship and pursue damages based on our findings.
Funeral Expenses
If you lost a loved one in a motorcycle accident, we are sorry for your loss. You and your family deserve time to mourn the passing of your loved one. Our legal team can explain which family members can pursue a wrongful death claim and seek such losses as the following:
- Funeral, cremation, and burial expenses
- Prior medical bills
- Pain and suffering
- Loss of financial support
- Loss of consortium
With Kaine Law in your corner, there are other types of damages that we may recover on your behalf.
For a free legal consultation with a motorcycle accident lawyer serving Athens, call 404-214-2001
How Kaine Law Can Help You With Your Motorcycle Accident Claim
In addition to determining the damages you may pursue, the lawyers with Kaine Law can help you in the following ways:
Investigating Your Motorcycle Accident Case
To collect compensation for your losses, we will investigate your accident and collect evidence. This evidence must prove negligence, which has four key components:
- Duty of care: The at-fault party must follow all road laws to keep all road users safe.
- Breach of duty: The at-fault party broke a law or failed to adapt to road conditions.
- Causation: This breach led to a motorcycle accident and your injuries.
- Damages: You now have to deal with the physical, emotional, and financial losses that stem from the accident.
Typically, the evidence we would gather includes:
- The police report
- Your medical records
- Your paystubs and financial records
- Eyewitness statements
- Physical evidence, such as vehicle damage and skid marks
- Photographs and videos from the accident scene
- Expert testimonies, such as accident reconstruction specialists and medical professionals
Using the evidence we compile, we will determine who caused your accident, how the accident occurred, and the losses you have suffered. In many motorcycle accident cases, it is often a negligent driver. However, we might find that others played a role, such as:
- Athen’s city government
- A mechanic
- A vehicle parts manufacturer
- Another third party
Whoever is liable, even if multiple parties are liable, we will file claims with all liable parties’ insurance companies and seek the maximum compensation possible in your case.
Negotiating With the Insurers to Secure Your Fair Settlement
Once we have built your case and filed your insurance claims, we will begin negotiating with the insurance companies to obtain a fair settlement for your losses. Thankfully, most cases are settled out of court, but if we cannot settle your case, we will be prepared to take your case to court and seek a court award.
Representing Your Interests at Trial
If necessary, we will take the evidence we have gathered and our arguments for your right to compensation to court. There, we can seek a court award from a judge or jury that compensates you for your losses.
Addressing Your Concerns and Answering Your Questions
We will be available to you throughout the legal process. We can explain complex legal issues and review settlement offers. We will give you our legal opinions and guidance, but the final decision will always be yours.
Working on a Contingency-Fee Basis
The cost of paying for a lawyer should not be among your concerns after getting hurt. So, when you come to us, we provide a free case review where you can learn more about your financial recovery options.
A representative from our team can answer the following questions:
- What happens if the at-fault party was uninsured?
- How long do I have to file a wrongful death lawsuit?
- How long will it take to settle my case?
- What happens if the insurer does not offer a fair settlement?
If we decide to work together, we will offer our legal services on a contingency-fee basis, which means:
- You do not pay anything until your case concludes.
- We do not require anything to start building your case.
- We take our attorney’s fees from the settlement or court award we get for you.
- We will mutually decide on the details of our arrangement at the beginning of our partnership.
We know the burden this injury has caused you and your family, but under a contingency fee agreement, you get access to legal representation without further financial strain.
Bringing Decades of Collective Experience
We have secured compensation for injured motorcyclists in the past. Some awards that we have won include:
- We won $650,000 for an injured motorcyclist.
- We recovered $500,000 for someone injured while riding an all-terrain vehicle (ATV).
- We secured $450,000 for an injured motorcyclist.
The Multi-Million Dollar Advocates Forum has even recognized Attorney Evan Kaine for the outstanding results he has secured for our clients.
We want to recover compensation for your injury-related losses and will not settle your case without your permission.
Athens Motorcycle Accident Lawyer Near Me 404-214-2001
Things to Know After Getting Hurt in a Motorcycle Accident
While you recover from your injuries, Kaine Law can manage your case. Because we pride ourselves on being open with our clients, here are some things we want to share with you about the legal process:
You Are Protected Against Bad Faith Insurance Practices
If the insurer refuses to answer your phone calls, offers you low settlements, or unjustly denies your claim, these tactics could all be examples of bad faith insurance practices. O.C.G.A. § 33-6-34 outlines some things that the insurer cannot do.
We can protect you against these practices and handle all communications with the insurer on your behalf.
You Can Recover Compensation Even if You Partially Caused the Accident
Georgia follows a contributory negligence doctrine. O.C.G.A. § 51-12-33 says that even if you partially caused your motorcycle accident, you could still be eligible to recover damages. However, if you are 50 percent or more at fault, you will be barred from collecting compensation. Additionally, your degree of fault will reduce the value of your compensation. If you are 30 percent at fault on a $100,000 settlement, you would only receive $70,000.
The insurance companies know this law and may try to blame you unfairly for the accident. With evidence, though, our team can prove each party’s degree of fault. We will not let the insurance company shift the blame for the accident on you.
You Must Be Aware of the Time Restrictions Placed on Filing a Lawsuit
Typically, we can settle your motorcycle accident case outside of court. However, there are instances in which we must file a lawsuit with the Clarke County courthouse.
O.C.G.A. § 9-3-33 generally sets the time limit at two years. For personal injury, the clock starts ticking on the day of the accident, whereas it begins on the day of your loved one’s death if you are filing for wrongful death.
We don’t want to risk missing the deadline because:
- Evidence of the accident might get lost or destroyed.
- The courts could deny your case.
- The insurance companies will have no reason to negotiate if you cannot sue.
Your attorney can help you abide by this statute of limitations and other deadlines if you alert us about your case soon enough.
You Should Limit Sharing the Details of Your Accident Until Your Case is Over
Sharing too much information about your accident on social media could ultimately work against your interests. Insurance representatives are known to visit injured claimants’ pages and look for information to deny their claims.
You can avoid this situation by staying off social media until your case is over. If you must post on social media, be mindful of the things you share.
You Should See a Doctor Immediately and Complete Your Treatment
If you do not go to the emergency room after the accident, you should see a doctor as soon as possible. Additionally, you should follow their instructions completely. These two steps will obviously aid in your recovery, but they also strengthen your personal injury claim.
Seeing a doctor as soon as possible helps connect your accident to your injuries, and following their treatment program reinforces the severity of your injuries. The insurance companies could claim you are not as hurt as you claimed if you miss appointments and fail to complete treatment.
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Frequently Asked Questions in Motorcycle Accident Cases
A motorcycle accident can leave you facing many questions about the legal process. We can stand by your side and answer them all.
Can I Sue the Other Party Who Caused My Accident?
Generally, you can sue the other party if they caused your accident.
However, we may seek the settlement you need through out-of-court negotiations. After all, the trial process can be time- and energy-consuming. It is often beneficial for all parties to seek a settlement and avoid going to court.
Still, if litigation presents the best option for your financial recovery, we will file a civil lawsuit. Our legal team is prepared to present your case before a jury. We will handle all the legal tasks for you during the trial process and ensure you know what to expect.
How Much Could I Get in a Settlement?
There is no predetermined value for a motorcycle accident case. The potential settlement or court award you could receive will vary based on the details of your situation. When we investigate your accident and injuries, we determine a settlement or award amount based on these factors:
- How much your medical care costs (and will be expected to cost)
- The severity of your injuries
- How substantially your life and career was affected by your injuries
- The insurance policy limits
Other factors can also influence the amount you receive. We can explain what a fair settlement looks like in your case.
If I Had a Catastrophic Injury, Could You Help Me?
Yes, we can help you if you have a catastrophic injury like a traumatic brain injury (TBI) or a spinal cord injury. We understand how these serious injuries can affect every aspect of your life. Therefore, we know how to evaluate these cases and seek what you deserve for your past, present, and future medical treatment and your career changes.
For instance, if you’re living with a TBI, you may require extensive therapy in the months and years following the initial injury. As Mayo Clinic notes, you could require speech therapy, physical therapy, occupation therapy, and other assistance as you work to regain your previous function. Our accident attorneys will fight for the recovery you need to pay for these treatments.
On the other hand, we can also help you if you suffer more moderate injuries. Don’t think you have to have a catastrophic injury to pursue compensation; you just need to show that you were injured and have damages.
Should I Hire a Lawyer for My Case?
Hiring a lawyer is your choice, not a legal requirement. However, a lawyer can benefit you in many ways as you seek compensation. You may want to hire a lawyer from our team if:
- You are seriously injured and want to do all you can to seek a full financial recovery.
- You aren’t physically or emotionally able to take on a legal case.
- You want an advocate who understands your rights.
- You want help ensuring a smooth legal process.
- You don’t want to deal with paperwork, communications, and other tasks involved in a case.
Our job is to help you seek fair recovery. We will put all our efforts into the task, so you don’t have to.
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Start Your Free Case Review With Kaine Law Today
You can trust that your motorcycle accident lawyer serving Athens will put your best interests first. Kaine Law is ready to start advocating for your legal rights today.
Call us today to begin your free case review with a member of our team.
Call or text 404-214-2001 or complete a Free Case Evaluation form