Motorcyclists are often viewed as reckless or as thrill seekers. This misconception is one reason why motorcycle accident claims can be so difficult to resolve. If you or someone you love was recently injured by a negligent driver while riding your motorcycle, an Atlanta motorcycle accident attorney can help you prove your right to financial recovery.
Your lawyer will conduct a comprehensive investigation to document the at-fault driver’s actions and yours. They will also assess your recoverable damages, accurately interpret the filing deadline, and explain all other Georgia laws that apply to your case. Your lawyer will also deal with the insurance company from the beginning to the conclusion of your case, including the complex settlement negotiation process.
Determining Compensation for Motorcycle Accident Injuries Can Be Difficult
Because you are largely unprotected from the force of the collision, you could sustain serious injuries from a motorcycle accident. The severity of your injuries and the length of your recovery can make assessing your recoverable damages difficult.
To accurately recover your current and future treatment expenses, your legal team will collect medical records and bills from every medical, rehab, and therapy professional and facility where you were treated. They will also obtain your prognosis to understand the upcoming costs of treatment you will require after a settlement has been reached.
Getting this number accurate is critical since you cannot request additional damages once your case is resolved.
Additional Recoverable Damages in Your Motorcycle Accident Claim
In addition to medical bills, additional economic damages you can recover include:
- Current and future lost wages
- Loss of the ability to earn in the future
- Motorcycle damage or destruction
The non-economic damages you can recover include:
- Disability and disfigurement
- Loss of enjoyment of life
- Mental and emotional anguish
- Physical pain and suffering
Wrongful death damages are also available if your family lost a loved one in a motorcycle accident. They can include funeral and burial expenses, loss of financial support, and loss of consortium and companionship.
Filing Your Motorcycle Accident Lawsuit on Time Can Be Complicated
Depending on the cause of your accident and how your bike and the car collided, the vehicle driver could allege that you contributed to the accident. According to O.C.G.A. § 51-12-33, any percentage of fault assigned to you could reduce your financial recovery by a corresponding percentage. A motorcycle accident lawyer can help you avoid any potentially costly inaccuracies.
They can also help you understand the state’s filing deadline and the costly consequences of filing your lawsuit too late. According to O.C.G.A § 9-3-33, you generally have two years to file your personal injury lawsuit or wrongful death lawsuit. Your lawyer will explain any potential fluctuations that could affect your case.
For a free legal consultation, call 404-214-2001
It Can Be Difficult to Prove Financial Liability for a Motorcycle Accident
Proving negligence under Georgia law can be hard to do on your own. Your legal team’s familiarity with personal injury law means they know how to document the following four elements of negligence:
- Duty of care: The at-fault party’s responsibility to act in a reasonably safe manner
- Breach of duty: The at-fault party’s failure to fulfill their legal duty
- Causation: A direct correlation between the at-fault party’s action and your accident
- Damages: The economic and non-economic damages you incur due to the accident
The at-fault driver’s insurance company will require proof of these elements to demonstrate their policyholder’s negligence. Your lawyer will prove them with a compelling collection of evidence.
Building a Solid Motorcycle Accident Case File Can Be Difficult on Your Own
Your lawyer will collect evidence that substantiates your case. It will include proof of the accident’s causes and contributing factors like:
- Medical records
- EMT records
- Police report
- Injury photos
- Available video
- Accident scene photos
- Accident reconstruction
- Lay witness statements
- Expert testimonials
Your evidence collection will also include proof of the value of your recoverable damages, including medical bills, bike repair estimates, and proof of income.
Dealing With the Insurance Company Can Be Difficult After a Motorcycle Accident
After the accident, when the evidence clearly indicates guilt, the insurance company may make a speedy settlement offer. You do not have to accept the insurance adjuster’s initial offer. In fact, a settlement offer that comes too soon after the accident might not take all your recoverable damages into account.
A motorcycle accident lawyer can help you understand all the damages you are entitled to recover and maximize your settlement offer.
A Motorcycle Accident Attorney Can Help You Reach a Settlement Agreement
Your motorcycle accident claim is far more likely to reach an out-of-court settlement than to go to trial. If a motorcycle accident lawyer represents you, they will use the weight of your evidence file to steer your case in this direction. They will also handle the back-and-forth negotiation process for you and fight for the best available financial outcome.
It Can Cost Nothing Upfront to Get Help With Difficult Motorcycle Accident Claims
You could file a claim with the at-fault driver’s insurance company on your own. You can also hire a local law firm to represent you. Concern about the cost of hiring a motorcycle accident lawyer should not prevent you from getting legal guidance and support when you need it most.
Many will represent you on a contingency fee basis, meaning they will accept your case without charging hourly fees or anything out of your pocket. Instead, they are only compensated when you are, and you will owe no fees at all if you do not receive a financial award.
Click to contact our personal injury lawyers today
Get Help With a Difficult Motorcycle Accident Claim
If you or someone you love was injured in a motorcycle accident, you could recover damages from the at-fault driver. The circumstances of the collision can make motorcycle accident claims difficult. At Kaine Law, we will help you fight for fair and appropriate financial compensation.
Contact our case evaluation team to share the details of your claim and learn more about how hard our motorcycle accident lawyer will go to bat for you.