If you or a loved one was injured in a motorcycle accident, it can be hard to know what to do and how to get financial compensation. An Atlanta motorcycle accident lawyer in your area should be able to explain the personal injury compensation process. They can explain your rights and the at-fault driver’s responsibilities, as well as clarify your case’s value, its filing deadline, and the cost of working with them. Most will even review your case for free.
Before you start working with a personal injury law firm, the following are nine questions you can ask them to help you understand and navigate your case.
Ask Your Motorcycle Accident Lawyer What Your Case Is Worth
Your lawyer will determine the value of your case based on the details of the accident and the severity of your injuries. Per O.C.G.A. § 51-12-4, you can recover damages from the liable party in your motorcycle accident. Your compensation request can include:
- Medical and rehabilitation costs
- Assistive medical devices
- In-home medical support
- Property damage or loss
- Property value diminishment
- Current and future loss of income
- Loss of future earning capacity
- Physical disability or disfigurement
- Mental and physical pain and suffering
- Loss of enjoyment of life
Your personal injury lawyer will carefully delineate your recoverable damages and compile bills and receipts that prove their worth. They will submit them with your compensation request and negotiate the best possible settlement for you and your family.
For a free legal consultation, call 404-214-2001
Ask Your Lawyer About Compensation for a Motorcycle Accident Fatality
If your family lost a loved one in a motorcycle accident, your family can request a range of wrongful death damages. In addition to the cost of your loved one’s funeral and burial, you can recover:
- Loss of their financial support
- Loss of their domestic services
- Loss of care and companionship
- Loss of their counsel, and advice
Your lawyer will also explain which family members can recover compensation in a wrongful death case. This typically includes the decedent’s parents, spouse, and children.
Ask Your Motorcycle Accident Lawyer About the Statute of Limitations
There are various deadlines involved with a motorcycle accident. In addition to the insurance company’s filing deadline for a personal injury claim, there are statutory deadlines for filing a lawsuit. In general, you have two years to file your personal injury or wrongful death lawsuit, according to O.C.G.A § 9-3-33.
You generally have six months to file a claim against a local government agency, per O.C.G.A. § 36-33-5. You could also have additional notification deadlines that must be met when seeking damages from a government agency.
Compliance with the statute of limitations is mandatory in Georgia. If your personal injury lawsuit is not filed within the allotted time, you risk being unable to file it at all. This would leave you with no legal recourse that compels that at-fault driver to compensate you. A lawyer can explain the filing deadline and any factors that cause it to fluctuate.
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Ask Your Lawyer About Contributory Negligence in Motorcycle Accidents
Georgia’s fault law could be important in your case if you are alleged to have played a role in causing your motorcycle accident. According to O.C.G.A. § 51-12-33, any degree of negligence attributed to you will reduce your financial award by a corresponding percentage.
Determining who is at fault for a motorcycle accident is critical since you will not receive any compensation if 50% of the fault or more is assigned to you. Your lawyer can explain the steps they will take toward having fault accurately apportioned.
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Ask Your Motorcycle Accident Lawyer About the Role of Negligence in Your Case
Negligent actions on the part of the at-fault driver will entitle you to compensation after an accident. To prove negligence, your lawyer will need to document these four elements:
- Duty of Care: The other driver had a responsibility to drive safely and obey the law
- Breach of Duty: The other driver disobeyed the law
- Causation: Their actions led to an accident and your injuries
- Damages: You suffered losses, financial, physical, and emotional
Commonly reported negligence-based causes of motorcycle accidents include speeding, recklessness, and intoxication. Your law firm’s investigation will prove the cause and contributing factors in your accident.
Ask Your Lawyer About the Power of Evidence in Your Motorcycle Accident Case
The evidence your lawyer collects will prove the cause and the costs of your accident. It can include:
- Medical records
- Salary history records
- Police report
- Injury photos
- Accident scene photos
- Witness statements
- Expert testimonials
- First responder reports
Your legal team will build a comprehensive collection of evidence to substantiate your case with the goal of settling with the insurance company but prepared for trial.
Ask Your Motorcycle Accident Lawyer if They Handle the Insurance Company
After a negligence-based motorcycle accident, dealing with the at-fault driver’s insurance company can be a daunting process. If a lawyer represents you, they will deal with the insurance company, so you do not have to. They will:
- Compile and submit evidence of negligence
- Assign an accurate financial value to your case
- Prepare and submit a compensation demand letter
- Handle insurance claim forms and paperwork
- Negotiate an appropriate and fair settlement
Your lawyer can also help you make a claim with your own insurance company if the at-fault driver was uninsured or underinsured. While your lawyer handles the details of your case and deals with the insurance adjuster, you can focus on your recovery or on helping a loved one through theirs.
Ask Your Lawyer About the Fees for Your Motorcycle Accident Case
No one should forego legal service and support due to concern about the cost of hiring a personal injury attorney. Usually, there is no charge or fee to discuss your case with a law firm. They typically cover the costs of:
- Preparing your case
- Court filing fees
- Investigation fees
Most law firms will accept your case on a contingency-fee basis, meaning you will only compensate your lawyer after they recover damages for you. If your case does not result in a financial award, you will owe no legal or attorney’s fees at all.
Ask About a Free Review of Your Motorcycle Accident Case
If you or someone you love was injured in a recent motorcycle accident, one of our team members will review your case at no cost or obligation. We will answer any questions you have about our motorcycle accident lawyer and recommend the best course of legal action.
Get started by contacting our case evaluation team at Kaine Law today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
