Because motorcycles don’t provide the protection that motor vehicles do, motorcyclists are more vulnerable to sustaining serious injuries in a crash. If you or a loved one suffered injuries in a motorcycle accident, an Atlanta motorcycle accident lawyer from Kaine Law can fight for you.
Our team of Atlanta personal injury attorneys has many decades of collective experience with injury law. When we take on your case, you can count on us to review your legal options for compensation, collect relevant evidence, and negotiate a sufficient settlement that covers your losses. Our help is available at no upfront or out-of-pocket fee.
Potential Compensation Losses in Your Motorcycle Accident Case
We cannot say how much compensation you can pursue without first reviewing your motorcycle accident case in its entirety. However, we will consider certain factors to see how they play a role in your settlement amount. Some of which may be:
- Your age
- Your injuries
- How long it will take you to recover
- What your recovery entails
- If you can work
- Your physical limitations
- Your medical costs
- If you are your family’s breadwinner
- Your hobbies and quality of life before the accident
We aim to be as detailed as possible in our evaluation to make sure nothing is left out of your possible compensation. If you can’t be as independent after your accident, such as due to a spinal cord injury, not only should your damages reflect the cost of care and equipment, but they should also include consideration for emotional and psychological challenges.
Furthermore, accidents and injuries affect everyone differently. The Insurance Information Institute (III) reports that older motorcyclists can suffer more serious injuries in accidents than younger riders. Age can also play a role in recovery time, as well as the lifetime cost of an injury. Likewise, your personal health and lifestyle should be considered.
Talk to us about every way your injury has affected you. Anything from out-of-pocket costs to the loss of a beloved hobby could make a difference in your compensation.
Types of Compensation Possible in a Motorcycle Injury Case
Getting seriously hurt in a motorcycle accident can be expensive. While you recover from your injuries, your financial stability may be threatened by your inability to work. Our team wants to leave no expense unaccounted for in your case. Some recoverable losses in your case may include:
- Past and projected medical bills: This category may include the cost of medications, hospitalization, medical devices, rehabilitative care, emergency transportation, imaging scans and diagnostic assessments, follow-up care, and more.
- Past lost wages: This damage can include compensation for your lost employee benefits, income, hourly pay, commissions, freelance and gig work, tips, promotions, and bonuses.
- Reduced future earning capacity: Your condition may impact your ability to work as many hours as you do now. You may be unable to return to your preferred field altogether, depending on the nature of your job.
- Pain and suffering: You can recover compensation for the accident’s impact on your quality of life. We will calculate the cost of your pain and suffering based on the severity of your injuries and expected recovery time.
- Mental anguish: Traffic accidents are traumatic events for many people. If you’re suffering from sleeplessness, post-traumatic stress disorder (PTSD), or phobias, among other psychological turmoil, then you could recover awards for mental anguish.
- Scarring and disfigurement: Depending on the severity of your injuries, they could have completely altered the way you look and/or move. We will speak with your medical team to get an idea of your prognosis and how your injuries will limit what you can do.
- Disability: Your accident may have left you with a permanent, life-altering impairment. If so, you could recover compensation for the impact of your disability on your life, both financially and personally.
Depending on your case, you could recover other forms of compensation not listed here. If you lost a loved one, for instance, you could file a wrongful death case. Your compensation could then include funeral expenses, loss of consortium and services, and your loved one’s final healthcare expenses.
For a free legal consultation with a motorcycle accident lawyer serving Atlanta, call 404-214-2001
How Our Personal Injury Firm Can Resolve Your Atlanta Motorcycle Accident Case
Our team is determined to recover compensation for your losses. Our services will depend on the needs of your case. An Atlanta motorcycle accident attorney from our office can manage everything that goes into filing a successful claim or lawsuit.
One of Our Team Members Will Offer You a Free Case Review When You Call Us
When you contact our law firm, our staff will offer you a free, no-risk, and no-obligation consultation. During this call, we will tell you about our firm’s experience, give you an idea of what to expect from the legal process, and most importantly, learn about your Atlanta motorcycle accident case to see how we can help.
This consultation will also give you the opportunity to address any concerns or ask any questions you have pertaining to your case.
Our Attorneys Will Gather Evidence to Support Your Case
Evidence is the foundation of any injury case, and the slightest shred of it can make all the difference in how much compensation you can seek.
Some forms of evidence our motorcycle accident lawyers can collect in your Atlanta case include:
- The police report
- Photographs of your damaged motorcycle, the scene of the crash, and your injuries
- Traffic camera surveillance and bystander videos if they captured the accident
- Statements from eyewitnesses
- Medical records that contain your diagnosis, imaging test results, medical invoices, and more
- Accident reconstruction and analysis
- Consultation with specialists, actuaries, motorcycle experts, and other authorities
- Drug and alcohol testing if your case involved an impaired driver
- Phone, text, or social media records for distracted driving cases
Your personal account of the motorcycle accident will also be an asset to proving your case. Write down every detail you remember before, during, and after the crash.
Your Lawyer Will Use the Evidence to Prove the Other Party’s Negligence
We need to apply the evidence we’ve gathered to the negligence model, which comprises:
- Duty of care: The other party had a legal obligation to prioritize all the other road users’ safety.
- Breach of duty: They failed to meet this legal obligation.
- Causation: This negligence caused a motorcycle accident and your injuries.
- Damages: You incurred non-financial and financial losses because of your injuries.
Then, we should be able to pinpoint the cause of the accident and the responsible party. It could have been:
- A driver: If they drove distracted, drunk, recklessly, or fatigued
- A vehicle parts manufacturer: If the design, production, or marketing of a defective vehicle part in either your motorcycle or the other involved vehicle caused the accident
- A mechanic: If a mechanic didn’t notice a problem with your or the other driver’s vehicle or failed to correctly insert a part
- An Atlanta municipality: If a defective roadway, faulty traffic signal, or debris wasn’t taken care of in a timely manner
- Another road user: If a bicyclist, pedestrian, or another motorcyclist failed to abide by the traffic laws
If you think another party that is not listed here contributed to your motorcycle crash, let your lawyer know so they can investigate further.
Our Lawyers Will Take on All Communication with Other Parties’ Representatives
Going up against big insurance companies and a team of legal representatives can be intimidating. Insurance companies can be especially tricky. After your accident, one of the insurance adjusters may contact you and ask you to give a recorded statement. You are under no obligation to do so, though.
When you give a recorded statement, it gives the insurer more of an opportunity to twist your words to fit its bottom line. For example, if the adjuster asks you, “How are you?” and you respond with, “I’m good,” then they may claim that your injuries weren’t that serious or stemmed from something else.
We can protect you from these tactics. When the insurance adjuster calls you, refer them to your lawyer right away. From there, we can manage emails, letters, and phone calls on your behalf.
We Can Manage Your Insurance Claim
We will send the liable insurer a demand letter. In this letter, we will summarize your situation and include the cost of your damages.
If the insurer offers you a low settlement or denies your claim, we can:
- Negotiate a settlement
- Review your coverage options
- Protect you against bad faith insurance practices
- Talk to the claims adjuster for you
We can also file your claim in adherence to the insurer’s deadline.
Our Team Can Take Your Case to Trial If We Can’t Settle
In some cases, we cannot settle with the insurer, so we may recommend proceeding to a jury trial to recover fair compensation. We can manage everything that goes along with the litigation process.
It typically comprises:
- Calling upon witnesses to testify on your behalf
- Presenting the cost of your damages
- Filing your case within the state’s deadline
During the process, we will communicate with the other party’s legal counsel on your behalf. We can also continue negotiating a settlement until you have your day in court.
Atlanta Motorcycle Accident Lawyer Near Me 404-214-2001
Our Atlanta Personal Injury Law Firm Works for No Upfront Fees
When prospective clients call our firm, one of the first things they want to know is the cost of our help. We work on a contingency fee basis, meaning that if we win your case, we take our payment out of the money awarded to you.
Some important details also include:
- We do not charge hourly rates or retainers.
- We will agree on our fees when we first start working together.
- Any payment we receive will come as a portion of your final settlement or awards.
An Atlanta motorcycle accident lawyer from our firm will have an added incentive to win your case since we will not get paid if we are unsuccessful. If you’re in pain, call Kaine. Our Georgia law firm is committed to protecting your rights in the aftermath of a motorcycle accident.
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Our Former Clients Shared Their Experiences of Teaming Up with Us
For years, our firm has been helping Georgia injury victims secure the compensation they need following an accident. Alongside our pursuit of awards, we want to make sure that clients feel comfortable and are always “in the loop.”
Our past clients who were hurt in motorcycle accidents can speak to how we treat them:
- “Kaine Law is the best ever. They made sure to keep me updated on my case. They assigned me to the right Doctors for my injuries I suffered in my motorcycle accident… I definitely have to give 10 stars…” – Brandon J.
- “I had a bad motorcycle wreck that left me with a fractured shoulder and ruined knee. But working with Evan Kaine and his Firm was the best decision I made. I am completely satisfied with my experience.” – David B.
- “A year ago my husband and I got into a motorcycle accident. Since we contacted Kaine Law we felt immediately supported… A few days ago we could close our case and I couldn’t be happier with the results.” – Mariana C.
Some of our motorcycle accident case results include $650,000 and $450,000 awards. Although we cannot guarantee how much compensation you will secure, we will pursue the amount that you are entitled to obtain.
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How Georgia’s Statute of Limitations Could Affect Your Motorcycle Crash Case
How long you have to take legal action will depend on who or what caused your accident.
- If you were struck by a negligent motorist, you typically have two years to file a lawsuit against them, per O.C.G.A. § 9-3-33.
- If your loved one passed away from the motorcycle accident, you are usually given two years to file a wrongful death suit, as O.C.G.A. § 9-3-33 dictates.
- If you suffered harm due to the negligence of the city of Atlanta, you have six months to file a lawsuit, per O.C.G.A. § 36-33-5.
- If you suffered injuries because of the negligence of a county, you have a year to file your lawsuit, according to O.C.G.A. § 36-11-1.
- If your motorcycle accident happened because of the actions or inaction of the state, you have a year to file a lawsuit, per O.C.G.A. § 50-21-26.
Failing to file your lawsuit on time could result in several adverse consequences for your case. Namely, the courts could dismiss your lawsuit on the basis that you did not act in a timely manner.
Kaine Law can explain whether any exceptions to these deadlines apply to your motorcycle accident case. After reviewing your situation, an Atlanta injury lawyer from our team can explain how long you have to take action against the negligent party.
We Can Use the Time Before the Deadline
In addition to protecting your right to take legal action, starting a case as early as possible has other benefits. In fact, rather than viewing the statute of limitations as a result, we view it as just another step in the process of pursuing compensation for clients. Before we reach that step, we can:
- Preserve evidence by interviewing witnesses while they still remember the accident, taking photos or video of injuries or debris, and creating documentation of your experience
- Investigate the cause of your accident and identify who to hold responsible, exploring the possibility of multiple liable parties
- Negotiate a settlement that accurately reflects your injuries and losses
- Prepare for taking the case to court so that we are ready when the deadline from the statute of limitations arrives
Additionally, this period allows you to take stock of your injuries and their impact. Insurance companies are eager to settle quickly, but you can take time to understand what happened to you. Meanwhile, we can use the time to work on your case.
More than just a deadline for legal action, the statute of limitations provides us a crucial window to build your case for damages—take advantage of it!
Common Injuries Suffered in a Motorcycle Accident
While you consider legal representation, you may be wondering if your injuries are serious enough to justify working with a lawyer from our firm. If you sustained injuries due to another party’s negligence and have financial losses, we want to hear from you.
Some injuries you may be dealing with right now include:
- Cuts and lacerations
- Bruises and internal bleeding
- Head and chest trauma
- Organ damage
- Spinal cord injuries (SCIs)
- Broken and fractured bones
- Road rash
- Traumatic brain injuries (TBIs)
Serious Injuries Can Mean Bigger Fights
You may expect more of a battle for so-called minor injuries—and some adjusters or negligent parties may try to downplay those cases to avoid paying—but serious injuries can also result in what feels like a war of attrition with the other party. Because of the high cost of a severe injury, insurance companies may attempt to cut settlement costs wherever possible.
An example is a permanent spinal cord injury. The National Spinal Cord Injury Statistical Center (NSCISC) estimates that the lifetime cost of a high tetraplegia injury can range from $2.8 million to $5.1 million, depending on the age when the injury occurred. That doesn’t include other losses, like income and productivity.
Claims with high price tags like that may come under more intense scrutiny or require more work to settle. At Kaine Law, we are ready for this. We will fight for you to receive what you deserve, whether your case involves a minor or severe injury.
What You Can Do to Protect the Value of Your Atlanta Motorcycle Accident Case
Yes, our personal injury lawyers will handle each aspect of your case on your behalf. However, there are steps you can take to help boost its validity.
We encourage you to:
Get Medical Help for Your Injuries As Soon As You Can After the Motorcycle Crash
If you were hurt in a motorcycle accident and suffered apparent injuries, an ambulance might have come to the scene. If that isn’t the case, we urge you to seek medical assistance right away. Doing so will:
- Make sure your injuries are addressed and promptly treated
- Detect any underlying injuries you sustained (e.g., symptoms of a TBI may not turn up for several days.)
- Keep your injuries from getting worse
In addition to protecting your health, going to the doctor will help safeguard your legal case. The sooner you get treatment after your motorcycle accident, the stronger the connection is between the crash and your injuries.
That way, the other party’s insurance company will have less of a reason to claim that something else caused your injuries or that you are exaggerating their severity.
Adhere to the Treatment Plan Your Doctor Designed for You
Once you seek medical attention, your physician will create a treatment regimen for you. Follow this plan exactly how they prescribed it. That includes:
- Taking all your medications
- Attending follow-up doctor’s visits
- Going to physical therapy
- Seeking more care from specialists to whom your doctor refers you
You may revert to your previous routine when your doctor believes you reached maximum medical improvement (MMI), meaning you recovered as much as you can. If you want to end your treatment before your doctor plans, let them know. If they decide to release you, get a copy of the medical release form to add to your evidence file.
Failure to adhere to your treatment plan could be detrimental to your health, as your condition may worsen, or it could trigger another injury. Not to mention, the value of your case could suffer, too. For example, the insurer may say that your injuries weren’t as severe or painful as you made them out to be or that you contributed to them. This could prompt them to devalue your claim or deny it altogether.
Stay Away From Social Media Until Your Injury Case Is Closed
The aftermath of a motorcycle accident can be very emotional, so it is understandable for you to want to post about your experience and share it with your friends and family online. However, it is best for you to refrain from posting on social media at all—even if it’s unrelated to your case.
The insurance company can take whatever you say out of context and end up using it against you during settlement negotiations. A simple picture of you enjoying a day at Piedmont Park could prompt the adjuster to claim that your injuries were minor and that you don’t need as much compensation as you’re requesting.
Even if your account is on a private setting, the insurer may still find a way to access your account.
Document Your Progress Every Day
To get more insight as to how the motorcycle accident and your injuries are affecting your personal life, we recommend that you keep a daily journal. You can write down details, like:
- Your mental health state
- Your mobility or lack thereof
- How painful your injuries are
- What your plan for the day is and if you can do everything
- Any physical therapy exercises you do
- Any other forms of treatment your doctor ordered
Include as much information as you can. The more you write, the more difficult it may be for the insurance company to dispute your claim.
How Contributory Negligence Can Affect Motorcycle Collision Financial Recovery
Georgia operates under contributory negligence law, O.C.G.A. § 51-12-33. This law explains that you could share some of the blame for the motorcycle accident and still obtain damages. However, the monetary amount of damages you’re awarded will be reduced by your percentage of fault.
For example, imagine you’re riding your motorcycle down Peachtree Road at 10 miles over the speed limit. As you’re passing by Collier Road, a car fails to yield and hits you. The insurance adjuster or court may deem you to hold 20% of the blame for speeding, while the driver holds 80% of the blame for failing to yield. If your settlement was meant to be $100,000, you would instead receive $80,000.
If you are found to be more than 50% of the fault, you will not be allowed to collect damages. With a lawyer from Kaine Law on your side, we will work to prove your right to fair compensation.
Call Kaine Law for Help With Your Atlanta Motorcycle Accident Case Today
If you were in a motorcycle accident in Atlanta, you may be facing debilitating injuries, a stack of medical bills, and unpaid time off work. You don’t have to fend for yourself during this difficult time, as you may be able to seek financial recovery from the party who caused the accident.
While you focus on healing from your injuries, an Atlanta motorcycle accident lawyer from our team could get started advocating for your rights today. You can learn more about your legal options by reaching out to Kaine Law. The first consultation is free. Call us today.