Kaine Law understands personal injury law. We know the ins and outs of the financial recovery process, including negotiating with insurers and litigating cases. Our team of Smyrna motorcycle accident lawyers is prepared to advocate for your legal rights.
Injured motorcycle claimants generally have two years to file lawsuits, per O.C.G.A. § 9-3-33. This makes prompt legal action important. If the deadline runs out on your case, you could be unable to obtain compensation.
If you or a loved one was hurt in a motorcycle accident, you have options. However, you must act promptly to maintain them.
Why You Can Afford a Lawyer from Our Georgia Law Firm
Money is often at the forefront of injured people’s minds after a motorcycle accident. While you are incurring medical bills, lost wages, and other associated losses, you may have concerns about how much it costs to work with our team.
We work on a contingency fee basis, meaning:
- Our clients do not pay anything up front for us to get started on their cases.
- We take cases based on their ability to succeed, not on clients’ ability to pay for representation.
- You do not pay our attorney’s fees if we do not win your case.
We encourage you to look at our client testimonials online. We have recovered millions for our clients since we began serving injured people in Georgia.
For a free legal consultation with a motorcycle accident lawyer serving Smyrna, call 404-214-2001
How Much Can I Get for My Damages?
We really cannot provide an accurate answer as to how much you can get for your accident-related damages without examining your case first. In general, you can recover compensation for a host of losses related to your accident and injuries.
Types of Motorcycle Accident Injuries
Multiple Georgia laws help protect motorcycle operators and their passengers. O.C.G.A.§ 40-6-315 requires you to wear protective gear, like a helmet or eyewear, while you ride. O.C.G.A.§ 40-6-312 tells you what types of riding maneuvers, like lane splitting, are considered dangerous and illegal.
Even if you follow all the rules, wear required and optional protective gear, and are overall a safe rider, you can still sustain minor-to-serious injuries in a motorcycle accident. These include:
- Scrapes, cuts, and bruises
- Broken and fractured bones
- Road rash
- Traumatic brain injuries (TBIs)
- Internal bleeding and organ damage
- Spinal cord injuries (SCIs)
Determining the Your Case’s Value
The value of your damages (and therefore, how much you could receive) will depend on the following:
- Your age at the time of the crash
- The types of injuries you suffered, along with their severity
- The value of your financial losses
- The projected length of recovery
- Whether you lost a limb or were otherwise disabled by the crash
- The extent of your property’s damage
- Whether you’re able to work and earn an income
How long it will take to resolve your case is an entirely different matter altogether. Kaine Law can provide a personalized answer during your free case review.
You could recover compensation anywhere from a few days to a few years after filing your claim; it all depends on your situation.
You Could Seek These Losses in Cobb County
Your insurance settlement or court award could pay for the following:
- Pain and suffering
- Lost income
- Property damage expenses
- Loss of future earning ability
- Medical bills, including those that you will incur in the future
- Diminished quality of life
- Scarring and disfigurement
- Funeral expenses
You could also recover an expense called “loss of consortium.” This damage is awarded to people who have had motorcycle accidents negatively impact their marriages.
Do I Need a Motorcycle Accident Lawyer Serving Smyrna for My Case?
We’ll be 100% honest with you; you do not technically need a lawyer to handle your motorcycle accident case. If you handle your case on your own, though, you are solely responsible for:
- Proving the cost of your damages
- Negotiating a settlement
- Dealing with the insurance company, the other party’s legal team, and anyone else involved in your case
- Calculating the cost of your damages
- Understanding the laws surrounding your case, including the statute of limitations
- Determining and establishing the cause of your accident
Working with our Smyrna motorcycle accident lawyer can take the burden of these responsibilities off your and your loved ones so that you can focus on recovery. In addition, gathering evidence, building a case, completing negotiations, filing with the state, and other tasks take a lot of time and resources. A lawyer is better able to complete all the necessary tasks in a timely manner to beat the statute of limitations clock and file your lawsuit in full, on time.
We Can Determine the Cause of Your Accident
The U.S. General Services Administration Office of Motor Vehicle Management (GSA) says that over 98% of collisions are due to human error. Contributing factors in these accidents include:
- Distracted driving
- Failure to look for another motorist while turning or changing lanes
- Disregarding traffic signals and laws
- Aggressive driving
Kaine Law can decide who is responsible (or liable) for your damages. We will review the accident report, talk to witnesses, and consult with experts to make this determination.
We Can Help Prove Another Party’s Negligence Caused Your Accident
Negligence is someone’s actions or lack of action causing a preventable incident. When it comes to your Smyrna motorcycle accident, we can use evidence like traffic cam footage and witness testimony to prove the negligence model applies in your case.
- Duty of care: This refers to one’s legal responsibility to use the roadway safely to protect themselves and others. Every motorist owes a duty of care to other motorists, cyclists, and pedestrians in the area. The municipal entity in charge of maintaining the area’s roadways also owes a duty of care to motorists.
- Breach of duty: The motorist or municipality either acted or failed to act, breaching their duty of care.
- Causation: This party’s actions or failure to act caused your accident and subsequent injuries. For example, another motorist ran a stop sign, or the city failed to fill in a pothole.
- Damages: Your injuries, medical bills, pain and suffering, and other economic and non-economic damages that directly resulted from your accident.
We Can Identify the Liable Parties in Your Cobb County Collision
Some liable parties in your case could include:
- Another motorist. The Office of Commissioner of Insurance and Safety Fire (OCI) says that all drivers in Georgia must have auto insurance. We could file a claim with the liable motorist’s insurer to recover the cost of your damages.
- The city, county, or state. Various government departments are responsible for maintaining the integrity of Georgia’s roadways. If a pothole, uneven pavement, or unclear road markings contributed to your accident, you could hold one of these parties liable for your losses.
- A vehicle or parts manufacturer. The National Highway Traffic Safety Administration (NHTSA) has recalled over 350 million vehicles in the past 50 years. If a defective vehicular component caused you to get hurt, you could recover compensation through a product liability claim.
- Another party on the road. If a pedestrian or bicyclist fails to follow traffic signs or use the roadway safely, their breach of duty of care could cause your accident and subsequent injuries.
Kaine Law can determine who should pay for your losses. Once we make this determination, we can chart a course of legal action that could award compensation for your losses.
Complete a Free Case Evaluation form now
Complete a Free Case Evaluation form now
We Can Answer All Questions About Your Case
We want you to fully understand your options moving forward. Here are some questions we can answer right now:
What If the Insurance Company Says I Contributed to the Accident?
Even if you partially caused the collision, you can still seek damages, as explained by O.C.G.A. § 51-12-33. However, consider the following scenario:
- You were speeding on your motorcycle.
- You were struck by someone who ran a stop sign.
- The insurer determined that you were 20% responsible and the other party 80%responsible for the accident.
- Your losses totaled $100,000.
- Because you were 20% responsible, you could only seek $80,000.
Take what the insurer tells you with a grain of salt. Even if it says you caused the crash, our firm can conduct a private investigation to find the truth and properly evaluate your case with Georgia’s contributory negligence laws.
What Makes a Good Settlement Offer?
A good settlement offer is one that accounts for your past, present, and future damages. Additionally, it takes your physical pain and emotional suffering into account.
Remember: by accepting a settlement offer, you forfeit your right to pursue additional funds later. So, you must be absolutely sure that a potential settlement meets your needs. We can advise you on what makes a good settlement offer after reviewing your case’s circumstances. If you determine that settlement isn’t enough, we can negotiate with the insurance company on your behalf to get you the compensation you need. If negotiations fail, we can take your case to court and help you recover the most compensation we can.
How Long Will It Take to Settle Your Injury Claim?
We will give your case the attention to detail it deserves; we will not rush the process. It can take days, weeks, or months to settle your case. It all depends on your circumstances.
Call Kaine Law Following a Motorcycle Accident in Smyrna
We understand that you still may have many questions about the viability of your personal injury case. Kaine Law is willing to answer all of them.
When you fill out our online contact form, you will begin a free case review with a member of our staff. You can ask us about the details of your case, the cost of your damages, and how long you have to file your prospective lawsuit.