Injured motorcyclists like you can seek compensation after an accident if another party was negligent. However, seeking a fair recovery through a claim or lawsuit can be complicated.
A Marietta motorcycle accident lawyer from Kaine Law can advocate for you. We can identify the negligent parties, negotiate with insurance companies, and help you understand what damages you are entitled to.
Our Motorcycle Accident Lawyers Work at No Upfront Cost in Cobb County
At Kaine Law, we try to limit any financial strain to make your recovery and the legal process as smooth as possible. That said, our injury attorneys will take your motorcycle accident case on contingency, meaning:
- Your first consultation with us is free.
- We finance your case costs ourselves, so we don’t take any fees from you up front, out of pocket, or hourly. For example, we might have to pay to get a copy of your medical records. If we file a lawsuit, there will be filing fees, process server fees, and other expenses. We wait until the case settles or we get a jury award before we get reimbursed for those costs.
- Your attorney’s payment comes from your settlement or court award when your case is closed. In other words, we do not get paid until you win.
- If we can’t recover a favorable outcome for you, we don’t get reimbursed for our efforts. In essence, we are betting our paychecks that we can win your injury claim.
In short, there is no good reason to take your chances on handling your motorcycle accident case by yourself, like a DIY project. When we handle your injury claim, you do not have to fight the billion-dollar insurance corporation alone when you should be getting to rest and recuperate from your injuries. We work relentlessly for our clients to get them the money they need to rebuild their lives.
For a free legal consultation with a motorcycle accident lawyer serving Marietta, call 404-214-2001
The Statute of Limitations for Motorcycle Accident Lawsuits in Georgia
When filing a lawsuit, you must do so within a certain timeframe. For personal injury lawsuits in Georgia, you generally have two years to file, according to O.C.G.A. § 9-3-33. If your loved one passed away, you can file a wrongful death lawsuit within two years from the date of their passing.
If you delay in filing your lawsuit on time, you could be barred from obtaining financial recovery from the liable party. In that case, you would bear the burden of paying for your damages alone. Negotiating with the insurer does not satisfy the statute of limitations. The only way to protect your right to compensation is to file a lawsuit before the deadline expires if your case is not settled.
You Can Seek Recovery for Your Medical Costs
Part of your case’s value depends on the cost of your healthcare expenses. Compensable medical costs may comprise:
- Emergency services
- Diagnostic testing
- Hospital stays
- Braces and crutches
- Prescription medications
- Physical therapy or chiropractic care
- Follow-up appointments
Be sure to tell your Marietta motorcycle accident lawyer about all of your medical expenses.
You Can Seek More Than Medical Bills After Your Georgia Motorcycle Accident
The ramifications of a motorcycle accident extend beyond your physical injuries. You could also face fundamental changes to your career and lifestyle.
For this reason, you may seek compensation for:
- Pain and suffering. This category is for the physical discomfort and emotional anguish you experienced because of the accident, your injuries, and how the crash changed your life.
- Lost income. If you did not get paid when you could not work because of your injuries, we can add that financial loss to your claim. It does not matter if you get paid hourly wages, a salary, self-employment, or some other kind of regular income.
- Motorcycle accidents can cause devastating harm to the human body. Some people can no longer support themselves through employment after severe motorcycle crash injuries.
- Reduced earning capacity. Even if you can go back to work eventually, you might not be able to make as much money as before because of chronic pain, weakness, or some other lingering problems from your injuries.
- Impacted quality of life. If your long-term impairments keep you from doing things that you used to enjoy, like riding a motorcycle, you could seek compensation for that loss.
- Loss of consortium. Your spouse might have a claim for how your injuries have affected them.
If your loved one’s motorcycle crash was fatal, then you can file a wrongful death case and claim your loved one’s funeral costs and medical bills. We might be able to go after additional losses for the legal beneficiaries, like the loss of the financial support and services of the deceased relative.
Complete a Free Case Evaluation form now
Our Lawyer Will Conduct an Investigation to Prove Your Accident’s Cause
Even if your accident’s cause is clear, the insurer may still deny or undervalue your claim. By conducting an investigation, we can refute any allegations that you caused the accident or only suffered minor injuries.
Forms of evidence we can gather include:
- Accident scene photos
- Injury records
- Traffic surveillance footage
- Police reports
- Eyewitness testimony
- Your own account of events
This evidence will then allow us to apply the following four elements of negligence to establish the at-fault party:
- Duty of care: All road users must avoid causing injuries to others on the road. Drivers should follow the traffic laws and keep their attention while driving.
- Breach of duty: The other party, whether due to their careless or reckless actions, breached their duty of care. A violation of the duty of care is negligence. Let’s say that another driver was having an argument with a passenger in their truck and did not notice your motorcycle because he was distracted. Failure to focus on the road is negligence.
- Causation: This breach led to the motorcycle accident and your injuries. Most careless conduct does not cause accidents or injuries, thankfully, but when someone’s negligence hurts someone else, the facts meet the causation factor requirement.
- Damages: You have financial losses related to the collision. Physical injuries satisfy this requirement.
When we have the evidence to establish all four of these elements of liability, we can seek a recovery of monetary damages from the at-fault party.
Our Law Firm Will Handle All Negotiations and Communications with the Liable Insurer
As mentioned, it’s common for insurance companies to deny or undervalue claims. To jeopardize your case, the liable insurer might call and ask you to give a recorded statement.
In doing so, the insurer hopes that you’ll admit fault for the collision, underplay the severity of your condition, or provide inconsistent information. All of these things can hurt your case’s outcome.
When you partner with our firm, your lawyer in Marietta will:
- Keep track of all relevant emails
- Manage all phone calls
- Make sure the insurance company has the information it needs
- Review the liable party’s insurance policy
- Calculate your damages
We will not back down until the insurer extends a fair offer. If it doesn’t, we can take your case to trial.
Can I Still Pursue Compensation If I Contributed to the Collision?
Georgia adheres to the doctrine of contributory negligence under O.C.G.A. § 51-12-33. You can only pursue damages if you were less than 50 percent at fault for the accident. Your amount of damages is also reduced by your level of fault.
For instance, if you were going a little too fast when you were struck by a drunk driver, a court may decide you were 15 percent at fault for the accident. That means you can still pursue damages, but your potential settlement will be reduced by 15 percent.
We can determine your level of fault and pursue fair compensation.
We Have Been Representing Injury Clients in Georgia for Decades
Kaine Law has decades of experience helping injured claimants in Georgia. We’re proud of the results we’ve achieved for injured clients and their families.
Some of our former clients have shared these reviews:
- “Very professional, knowledgeable, and compassionate. My thanks for getting the maximum claim amount. Very fast settlement. Also thanks to Julia Dorsey for all the work this case required. She always kept me in the loop. Happy ending.” – Keith J.
- “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 can say they made sure to take care of me. I definitely have to give 10 stars.” – Brandon J.
Among our case results for motorcycle accident claimants include $450,000 and $650,000 awards. We cannot promise a certain amount of settlement or jury award, but we do promise to work tirelessly on your case.
Kaine Law Fights for Motorcyclists’ Rights in Marietta, GA
A motorcycle accident lawyer from Kaine Law is more than just a source of legal
knowledge. We can gather evidence, communicate with the other parties, and provide you with timely updates.
Call our office today and receive a free consultation.
Call or text 404-214-2001 or complete a Free Case Evaluation form